Legislature(2009 - 2010)BELTZ 105 (TSBldg)

03/11/2010 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 63 TRANSFER RESTRICTIONS ON TRUSTS
Moved CSSB 63(STA) Out of Committee
= SB 278 LEAVE FOR MILITARY SPOUSES
Moved CSSB 278(STA) Out of Committee
= SB 190 BIOMETRIC INFORMATION FOR ID
Moved CSSB 190(STA) Out of Committee
               SB 278-LEAVE FOR MILITARY SPOUSES                                                                            
                                                                                                                                
9:30:43 AM                                                                                                                    
CHAIR MENARD announced the next  order of business to come before                                                               
the committee would be SB 278.                                                                                                  
                                                                                                                                
SENATOR MEYER  moved to adopt  the proposed  committee substitute                                                               
(CS) for  SB 278, labeled  26-LS1034\S, as the  working document.                                                               
There being no objection, version S was before the committee.                                                                   
                                                                                                                                
SENATOR BILL WIELECHOWSKI, sponsor of  SB 278, said his staff has                                                               
addressed  the  concerns  raised  by  committee  members  in  the                                                               
previous hearing.  He noted  that version S  did not  address all                                                               
details as  requested and  therefore an  amendment would  also be                                                               
presented.                                                                                                                      
                                                                                                                                
GEORGE  ASCOTT,  Staff  to Senator  Wielechowski,  explained  the                                                               
changes to SB 278. After  consulting Superintendent Carol Comeau,                                                               
and reviewing other states' laws, SB  278 now requires 14 days of                                                               
advance  notice  from  employees  wanting to  take  unpaid  leave                                                               
during a military spouse's leave  from a combat zone. This change                                                               
is reflected on page 2, lines  11-14, page 4, lines 3-6, and page                                                               
6, lines 4-7.                                                                                                                   
                                                                                                                                
9:34:33 AM                                                                                                                    
At the suggestion of Superintendent  Comeau, page 3, lines 14-16,                                                               
allows an employer, required to post  a summary or abstract of AS                                                               
23.10.435, to do so by electronic means.                                                                                        
                                                                                                                                
The  concern about  allowing employers  to request  documentation                                                               
that the individual's  spouse is actually on combat  leave is now                                                               
addressed  in  three places  for  the  three different  types  of                                                               
employees covered: page  2, lines 15-18, page 4,  lines 7-10, and                                                               
page 6, lines 8-11.                                                                                                             
                                                                                                                                
MR. ASCOTT said  Version S has a drafting error  on page 4, lines                                                               
1-2, which gives employers the right  to extend the leave if they                                                               
wish.  This was  not the  sponsor's intention;  rather it  was to                                                               
follow   other  states   requirement   that  employers   continue                                                               
providing  medical  and  other  benefits  during  the  employee's                                                               
leave, at the expense of  the employee. Amendment [26-LS1034\S.1]                                                               
fixes this.                                                                                                                     
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO: CSSB 278(   ), Draft Version "S"                                                                                  
                                                                                                                                
     Page 4, following line 6:                                                                                                  
          Insert a new subsection to read:                                                                                      
               "(d)  If the employee who requests leave is                                                                      
          covered  by  medical  insurance that  is  provided                                                                    
          through  the employer,  the  employer shall  allow                                                                    
          the  employee  to  continue the  coverage  without                                                                    
          interruption during the  leave. The employee shall                                                                    
          pay  the expense  of continuing  medical insurance                                                                    
          coverage during leave under this section unless                                                                       
          the employer and the employee agree otherwise."                                                                       
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 4, line 11:                                                                                                           
          Delete "(b) - (d)"                                                                                                    
          Insert "(b), (c), and (e)"                                                                                            
                                                                                                                                
     Page 4, line 17, following "leave":                                                                                        
          Insert "except as provided in (d) of this                                                                             
          section"                                                                                                              
                                                                                                                                
     Page 5, line 7:                                                                                                            
          Delete "(g)"                                                                                                          
          Insert "(h)"                                                                                                          
                                                                                                                                
9:37:33 AM                                                                                                                    
MR. ASCOTT  said version S, page  5, line 3 and  lines 7-10 makes                                                               
the  penalties for  employers  who  do not  allow  this time  off                                                               
mirror the  penalties for  not allowing employees  to go  to jury                                                               
duty. This is applied to the private sector.                                                                                    
                                                                                                                                
On page 3, lines  21-23 apply SB 278 to employees  who work 20 or                                                               
more hours  per week in  the private sector. To  protect seasonal                                                               
businesses, these lines also change  SB 278 to apply to employers                                                               
with 20  or more employees for  20 or more calendar  weeks of the                                                               
year. To  protect rural schools, SB  278 now would only  apply to                                                               
specific  schools,  rather  than   districts,  with  20  or  more                                                               
employees. Mr.  Ascott said he  discussed this with  John Lamont,                                                               
superintendent  of  the Lower  Yukon  School  District, and  Bill                                                               
Woodford,  superintendent of  the  Yukon  Flats School  District.                                                               
This change  was not properly relayed  in Version S but  is fixed                                                               
with Amendment [26-LS1034\S.2].                                                                                                 
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 278(   ), Draft Version "S"                                                                                      
                                                                                                                                
     Page 2, line 1:                                                                                                            
          Delete "a teacher who is employed by an employer                                                                      
          that employs"                                                                                                         
                                                                                                                                
          Insert "a person who is employed as a teacher at                                                                      
          a school where"                                                                                                       
                                                                                                                                
     Page 2, line 2, following "employees":                                                                                     
          Insert "are employed"                                                                                                 
                                                                                                                                
9:40:25 AM                                                                                                                    
MR. ASCOTT  said due to a  recent Supreme Court decision,  it was                                                               
suggested  SB  278  apply  to domestic  partners  in  the  public                                                               
sector. This  change occurs on  page 2, line  4, page 3,  line 2,                                                               
page 5, lines 27-28, and is defined on page 6, line 29.                                                                         
                                                                                                                                
Finally, page  2, lines 9-10 and  page 6, lines 2-3  clarify that                                                               
SB 278 applies in  the middle of a deployment, not  at the end of                                                               
deployment.                                                                                                                     
                                                                                                                                
SENATOR KOOKESH asked  if a teacher in a small  school, with only                                                               
one or two teachers, is prohibited from taking this leave.                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI replied that is not the intent.                                                                            
                                                                                                                                
SENATOR KOOKESH said he wanted to  make sure the intent is on the                                                               
record.  Most of  the  schools in  his district  are  one or  two                                                               
teachers and he does not want them to be penalized.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI said  he is happy to change  the language in                                                               
the  next committee.  The  intent  is to  provide  some level  of                                                               
protection for  rural schools after  a concern was raised  in the                                                               
last hearing. Version S tries to  protect a school that could not                                                               
get a substitute teacher and would  have to shut the school down.                                                               
The intent is to say  small, rural schools can exclude themselves                                                               
but they are not prohibited  from working out an arrangement with                                                               
the teacher.                                                                                                                    
                                                                                                                                
SENATOR KOOKESH  said his reading  of the bill language  does not                                                               
tell him that and would not tell a rural teacher that.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  said he is  happy to tweak the  language to                                                               
address Senator Kookesh's concern.                                                                                              
                                                                                                                                
MR. ASCOTT  said a small  school is not prohibited  from granting                                                               
the leave.                                                                                                                      
                                                                                                                                
SENATOR KOOKESH said version S does not say that.                                                                               
                                                                                                                                
CHAIR  MENARD asked  Senator  Wielechowski  to consider  changing                                                               
that and making an amendment to adopt.                                                                                          
                                                                                                                                
SENATOR KOOKESH  said he has  no problem  moving SB 278  with the                                                               
understanding that the sponsor will work  on it. He would like to                                                               
see the revised language.                                                                                                       
                                                                                                                                
9:44:18 AM                                                                                                                    
SENATOR  KOOKESH  continued  saying  he  is  thinking  of  simple                                                               
language such as,  "in the event that there is  less 20 teachers,                                                               
something  should be  worked  out between  the  employer and  the                                                               
employee".                                                                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI committed  to  having his  staff work  with                                                               
Senator  Kookesh's staff,  or to  working  directly together.  He                                                               
asked Mr.  Dan Wayne, the drafter  of SB 278, if  he believes the                                                               
language  about rural  teachers prohibits  them from  taking this                                                               
leave.                                                                                                                          
                                                                                                                                
DAN  WAYNE, Attorney,  Legislative Legal  Services, said  SB 278,                                                               
and  not amendment  S.2,  says  a person  who  can take  military                                                               
spouse leave  is a teacher  employed by an employer  that employs                                                               
any combination of 20 or  more full-time, part-time and temporary                                                               
employees.  This language  could  be  interpreted as  prohibiting                                                               
others from doing so.                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  said he  would work with  Mr. Wayne  to fix                                                               
this language.                                                                                                                  
                                                                                                                                
SENATOR PASKVAN  said page 3, lines  4-5 reflect a period  of war                                                               
declared by  the U.S. Congress. Currently,  Congress has deferred                                                               
to  the President  exercising  executive power  but  not under  a                                                               
declaration of  war. He  asked if  SB 278 does  not apply  to any                                                               
current ongoing conflict.                                                                                                       
                                                                                                                                
9:48:00 AM                                                                                                                    
SENATOR WIELECHOWSKI  replied the  intent of SB  278 is  to cover                                                               
periods  of  conflict and  four  active  conflicts are  currently                                                               
ongoing. On page 3, lines 6-8 address that.                                                                                     
                                                                                                                                
MR. WAYNE confirmed this.                                                                                                       
                                                                                                                                
SENATOR PASKVAN said he understands  that page 3, lines 6-8 apply                                                               
if a  person is a  member of the  Army Reserve ordered  to active                                                               
duty. However,  the applicability of  SB 278 seems to  be limited                                                               
to a declaration of war by the  U.S. Congress for a member of the                                                               
regular Army or Air Force.                                                                                                      
                                                                                                                                
MR. WAYNE said Senator Paskvan's point needs to be looked at.                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI  reiterated  that  SB 278's  intent  is  to                                                               
include all military members.                                                                                                   
                                                                                                                                
SENATOR  FRENCH  said he  believes  SB  278 covers  all  military                                                               
members   as  drafted.   He  referred   to   page  3,   paragraph                                                               
(2)(A)and(B) and said these lines  mean that a period of military                                                               
conflict  is a  period of  war  in which  a member  of a  reserve                                                               
component is  ordered to active duty.  It does not say  this only                                                               
applies  to those  members  but  rather that  if  a  member of  a                                                               
reserve  component is  ordered active  duty,  then you  are in  a                                                               
period of war. The language could be made clearer.                                                                              
                                                                                                                                
AL TAMAGNI, SR., representing himself,  Anchorage, said he is not                                                               
sure that the  drafting of SB 278 parallels the  October 28, 2009                                                               
National Defense Authorization Act.                                                                                             
                                                                                                                                
9:52:18 AM                                                                                                                    
MR. TAMAGNI referred  to page 1, line 1,  reading "private sector                                                               
employees".  He   asked  why  this   does  not   cover  nonprofit                                                               
organizations and unions.                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI said SB 278  applies to teachers, government                                                               
employees  and for-profit  employees.  He said  if the  committee                                                               
wishes  to extend  SB 278  to  apply to  other organizations,  he                                                               
would be happy to do that.                                                                                                      
                                                                                                                                
MR. ASCOTT  said the intent  is that no  one be exempted  from SB
278.                                                                                                                            
                                                                                                                                
MR.  WAYNE said  "private sector  employee" is  a broad  category                                                               
that can  include employees of  nonprofits and employees  who are                                                               
members  of unions  in  the private  sector.  The language  about                                                               
private employees  begins on page  3, lines 18-20 and  reads: "as                                                               
an employer,  other than the  federal or state government  or the                                                               
government of a  political subdivision of the  state". This seems                                                               
to pick up everybody.                                                                                                           
                                                                                                                                
MR.  TAMAGNI pointed  out  that  page 3,  line  19, reads  "every                                                               
person" with  no reflection of  entity. He  would like to  add in                                                               
the word  "entity" and  would like  page 1,  line 1  to encompass                                                               
non-profits employees of unions.                                                                                                
                                                                                                                                
MR.  WAYNE said  the Legislature  uses a  definition of  "person"                                                               
that includes corporations, unions  and other entities other than                                                               
natural persons.                                                                                                                
                                                                                                                                
MR.  TAMAGNI  said  corporations   are  treated  differently  for                                                               
political  contributions; it  is  not a  standard throughout.  He                                                               
said a lot  of small employers in Alaska, such  as himself, would                                                               
like clarification for the common business person.                                                                              
                                                                                                                                
9:57:49 AM                                                                                                                    
SENATOR FRENCH  said the use  of the  word "person" in  state law                                                               
applies to unions, corporations and many other entities.                                                                        
                                                                                                                                
SENATOR PASKVAN referred  to the earlier mention of  a recent law                                                               
brought up by  President Obama and asked if SB  278 is compatible                                                               
with that recent law.                                                                                                           
                                                                                                                                
MR. ASCOTT  said before the  Family Medical Leave Act,  Five Days                                                               
Exigency  Leave stipulated  that when  a member  of the  National                                                               
Guard or  reserves is  back from a  tour of duty  or on  leave, a                                                               
person can  take five days of  leave to spend time  with a family                                                               
member. This  law did  not include members  of the  regular armed                                                               
forces  but  it has  been  expanded  to  include members  of  the                                                               
regular  armed forces.  SB 278  is not  in conflict  with federal                                                               
law.                                                                                                                            
                                                                                                                                
SENATOR PASKVAN asked  if federal law allows five  days leave and                                                               
SB 278 allows ten.                                                                                                              
                                                                                                                                
MR. ASCOTT replied that is correct.                                                                                             
                                                                                                                                
SENATOR PASKVAN asked why ten days was chosen.                                                                                  
                                                                                                                                
MR. ASCOTT said  SB 278 was based on New  York's law allowing ten                                                               
days.                                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  said some  states have  upwards of  30 days                                                               
when employees  number 50 or more.   In trying to  understand the                                                               
business needs of the community, ten days seemed reasonable.                                                                    
                                                                                                                                
10:01:45 AM                                                                                                                   
SENATOR PASKVAN  referred to page  5, line 24 and  said employees                                                               
of the Alaska Railroad Corporation seem to be excluded.                                                                         
                                                                                                                                
MR.  ASCOTT  reported  that  the  drafter  said  Alaska  Railroad                                                               
employees  are considered  private employees  and fall  under the                                                               
private employees category.                                                                                                     
                                                                                                                                
SENATOR  PASKVAN  said  the  Alaska  Railroad  Corporation  is  a                                                               
specifically established entity under Alaska law.                                                                               
                                                                                                                                
MR. WAYNE said Alaska Railroad  employees, under statute, are not                                                               
considered  to   be  government  employees  for   most  purposes,                                                               
including these leave statutes.                                                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI  said  Alaska Railroad  is  excluded  under                                                               
Section 5 of  SB 278 but is included as  a private employer under                                                               
other sections of the bill.                                                                                                     
                                                                                                                                
10:04:17 AM                                                                                                                   
SENATOR FRENCH moved to adopt  Amendment 1 [26-LS1034\S.1]. There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
SENATOR FRENCH moved to adopt  Amendment 2 [26-LS1034\S.2]. There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
SENATOR FRENCH  moved to report  SB 278, 26-LS1034\S  as amended,                                                               
from committee  with individual recommendations  and accompanying                                                               
zero fiscal note.                                                                                                               
                                                                                                                                
SENATOR  KOOKESH  objected to  ask  what  the next  committee  of                                                               
referral is.                                                                                                                    
                                                                                                                                
CHAIR MENARD answered Labor and Commerce.                                                                                       
                                                                                                                                
SENATOR KOOKESH removed his objection.                                                                                          
                                                                                                                                
CHAIR  MENARD  announced  that without  further  objection,  CSSB
278(STA) moved from Senate State Affairs Standing Committee.                                                                    

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