03/12/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB77 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 73 | TELECONFERENCED | |
| *+ | HB 77 | TELECONFERENCED | |
| *+ | HB 76 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 12, 2009
8:06 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Vice Chair
Representative Carl Gatto
Representative Craig Johnson
Representative Max Gruenberg
Representative Pete Petersen
MEMBERS ABSENT
Representative Bob Lynn, Chair
Representative Peggy Wilson
COMMITTEE CALENDAR
HOUSE BILL NO. 77
"An Act allowing certain public employees to take leave without
pay to volunteer with the American Red Cross in a disaster."
- MOVED CSHB 77(STA) OUT OF COMMITTEE
HOUSE BILL NO. 76
"An Act relating to the membership of the Alaska Legislative
Council and the membership of the Legislative Budget and Audit
Committee."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 73
"An Act relating to honorary foreign consul license plates; and
providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 77
SHORT TITLE: PUBLIC EMPLOYEE DISASTER LEAVE
SPONSOR(s): REPRESENTATIVE(s) MILLETT
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) STA, FIN
03/12/09 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE CHARISSE MILLETT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 77 as prime sponsor.
JEFF TURNER, Staff
Representative Charisse Millett
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
77 on behalf of Representative Millett, prime sponsor.
NICKI NEAL, Director
Division of Personnel & Labor Relations
Department of Administration (DOA)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
77.
MICHELLE HOULIHAN, Chief Executive Officer
Alaska Chapter of the American Red Cross
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions during the
hearing on HB 77.
ACTION NARRATIVE
8:06:33 AM
VICE CHAIR PAUL SEATON called the House State Affairs Standing
Committee meeting to order at 8:06 a.m. Representatives Gatto,
Johnson, Petersen, and Seaton were present at the call to order.
Representative Gruenberg arrived as the meeting was in progress.
HB 77-PUBLIC EMPLOYEE DISASTER LEAVE
8:07:13 AM
VICE CHAIR SEATON announced that the only order of business was
HOUSE BILL NO. 77, "An Act allowing certain public employees to
take leave without pay to volunteer with the American Red Cross
in a disaster."
8:07:36 AM
REPRESENTATIVE CHARISSE MILLETT, Alaska State Legislature,
introduced HB 77 as prime sponsor. She said disasters can
strike anywhere at any time, and Alaska's unique geography makes
responding to disasters more challenging. The proposed
legislation would permit state employees to take unpaid leave to
join the American Red Cross and use their skills to help during
disasters that strike the state. Forty-seven states currently
allow their employees to do so. Disaster training is provided
at no cost to the state and its employees. Employees would be
allowed 15 days of unpaid leave without losing any employee
benefits.
REPRESENTATIVE MILLETT noted that there is a committee
substitute for HB 77, which includes the Alaska Railroad
Corporation in the list of exempted entities, which include the
University of Alaska Anchorage and the court system. She
explained that was an oversight that would be corrected by
adopting the committee substitute.
8:10:06 AM
REPRESENTATIVE JOHNSON moved to adopt the proposed committee
substitute (CS) to HB 77, Version 26-LS0250\S, Wayne, 3/10/09,
as a work draft. There being no objection, Version S was before
the committee.
REPRESENTATIVE MILLETT, in response to Representative Gatto and
Vice Chair Seaton, noted that the definition of "disaster" is
found in Version S, on page 2, lines [18-19], and read as
follows:
(1) "disaster" means an event or
circumstance that has been formally designated a
disaster at level II or higher by the American Red
Cross;
8:12:47 AM
JEFF TURNER, Staff, Representative Charisse Millett, Alaska
State Legislature, responding to questions on behalf of
Representative Millet, prime sponsor of HB 77, explained to
Representative Gruenberg that representatives of the Alaska
Railroad Corporation expressed concern about how the bill would
apply to their employees and asked to be exempted at this time.
He commented that the Alaska Railroad Corporation is a separate,
public corporation and, thus, treats its employees differently.
He clarified that consideration of the Alaska Railroad
Corporation may be made in future legislation, but would not be
made in HB 77.
8:13:43 AM
MR. TURNER, in response to Vice Chair Seaton, confirmed that
disasters referred to in the bill would be those disasters in
Alaska declared by the American Red Cross.
8:14:17 AM
MR. TURNER, in response to Representative Gatto, explained that
if a state employee chose to volunteer for an American Red Cross
disaster relief, that employee would be on unpaid leave and
would not be covered by workman's compensation, but would be
covered by state health insurance.
8:14:53 AM
MR. TURNER, in response to Representative Petersen, said
although the bill covers disasters in Alaska, a state employee
with American Red Cross disaster training could ask his/her
supervisor for unpaid time off to help the American Red Cross
with disasters outside Alaska. The bill puts language in
statute related to in-state disasters.
8:15:40 AM
MR. TURNER confirmed for Representative Gruenberg that HB 77 is
modeled upon legislation from other states.
REPRESENTATIVE GRUENBERG asked if the other states have a clause
similar to the language on page 2, lines 1-3, which read as
follows:
(b) Leave without pay under this section is
subject to approval by the supervisor of the employee
who requests it; however, approval may not be
unreasonably withheld.
MR. TURNER offered his understanding that that language is
standard.
8:16:17 AM
REPRESENTATIVE GRUENBERG, in response to Vice Chair Seaton,
noted that the language on page 1, lines 13-14 addresses the
issue of instate disasters.
8:16:53 AM
VICE CHAIR SEATON opened public testimony.
8:17:41 AM
NICKI NEAL, Director, Division of Personnel & Labor Relations,
Department of Administration (DOA), in response to a question
from Representative Gatto, said the term "unreasonably withheld"
is standard language used in collective bargaining, and it means
that if the work allows, the request an employee makes to take
unpaid leave to take part in disaster relief work with the
American Red Cross cannot be denied. In response to Vice Chair
Seaton, she confirmed that if an employee's leaving would
adversely affect an agency or put someone at risk, and there was
no replacement for that employee, then a supervisor could refuse
that request. In response to Representative Johnson, she
confirmed that another reason a supervisor could deny the
employee the aforementioned request is if that employee's
absence at that time would result in an undue burden on the
state's budget.
8:19:37 AM
MICHELLE HOULIHAN, Chief Executive Officer, Alaska Chapter of
the American Red Cross, stated that HB 77 would improve Alaska's
disaster preparedness and allow state employees to benefit
fellow Alaskans. She reported that since the earthquake of
1964, the American Red Cross has been designated as the disaster
response agency for the state, and it has perpetuated that role
over the years. She said allowing state employees to volunteer
will strengthen the agency's volunteer numbers and allow it to
"provide quality service during times of disaster and need."
8:21:00 AM
MR. TURNER, in response to a question from Representative
Gruenberg, said the proposed bill applies to state employees and
does not include those serving in the Alaska National Guard.
REPRESENTATIVE GRUENBERG suggested the sponsor may want to
consider that possibility.
8:21:47 AM
REPRESENTATIVE GRUENBERG asked if all classes of municipalities
currently have the power by ordinance to allow [their employees
to take unpaid leave to respond to disasters as American Red
Cross volunteers].
MS. HOULIHAN said she does not know.
MR. TURNER said he could find out.
8:22:58 AM
REPRESENTATIVE JOHNSON asked about training opportunities.
MS. HOULIHAN, in response to Representative Johnson, relayed
that the American Red Cross offers volunteer training at no cost
to any individual who wants to volunteer. She named some of the
areas in which a person can be trained, including mental health
and case management.
REPRESENTATIVE JOHNSON opined that that training is a great
opportunity to improve the State of Alaska's workforce.
MS. HOULIHAN, in response to Representative Petersen, confirmed
that the names of those who have undergone training are provided
on a list so that the American Red Cross can contact them and
ask if they would like to help out during a disaster.
8:24:12 AM
MS. HOULIHAN, in response to Representative Gruenberg, said the
State of Alaska would not be held responsible in the event that
a state employee committed a tort while volunteering with the
American Red Cross. In response to a follow-up question, she
said she would need to verify her present understanding that the
American Red Cross would not be responsible should such an event
occur. She confirmed that the American Red Cross is insured.
8:25:10 AM
REPRESENTATIVE SEATON, after ascertaining that there was no one
else to testify, closed public testimony. He asked the
committee members to express their wishes regarding whether to
move the bill or hold on to it.
8:27:59 AM
VICE CHAIR SEATON, in response to Representative Johnson, said
he thinks most of the time a member of the National Guard is an
employee of "somebody else." He asked Mr. Turner to ensure that
the proposed legislation does not allow a person working a job
while serving in the National Guard "to qualify and take off
from his other employer." He said he does not think that is a
problem, but wants to make certain it is not.
8:29:13 AM
REPRESENTATIVE PETERSEN pointed out that if the disaster was
serious enough, a person serving in the National Guard may be
called out by the governor anyway and would not be volunteering
at that point.
VICE CHAIR SEATON reminded the committee that the bill deals
with level II disasters declared in Alaska by the American Red
Cross, not disasters declared by state.
8:30:15 AM
REPRESENTATIVE GRUENBERG noted that on page 2, lines 19-20, in
the original bill version, the language specifies that the
Alaska Railroad Corporation and the University of Alaska are
included in "state government"; however, when those entities
were dropped in Version S, the language left only mentions
"state government", and he said that may not be clear years from
now that that does not include the Alaska Railroad Corporation
and the University of Alaska. He suggested that Mr. Turner
speak with the bill drafter regarding the term "state
government" to ensure that the intent is clear.
MR. TURNER said in his discussions with the bill drafter, that
issue was discussed; however, he said he would contact Mr. Wayne
again to double-check.
REPRESENTATIVE GRUENBERG recollected having seen language in
statute that specifically mentions the Alaska Railroad
Corporation "as being excluded."
REPRESENTATIVE JOHNSON indicated that he thinks Representative
Gruenberg is right that the language is in statute.
The committee took an at-ease from 8:32:42 AM to 8:33:25 AM.
8:33:27 AM
REPRESENTATIVE JOHNSON moved to report CSHB 77, Version 26-
LS0250\S, Wayne, 2/10/09, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 77(STA) was reported out of the House State
Affairs Standing Committee.
The committee took an at-ease from 8:34:36 AM to 8:35:18 AM.
8:35:25 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 8:35
a.m.