SB 44-RELIGIOUS UNION EXEMPTION: PERA & AKRR  2:33:35 PM CHAIR COSTELLO announced the consideration of SB 44. "An Act relating to the religious exemptions in the Public Employment Relations Act and the Alaska Railroad Corporation Act." SENATOR CATHY GIESSEL, sponsor of SB 44, explained that the legislation changes a provision in [AS 23.40.225] that provides a religious exemption for a public employee in a bargaining unit from paying union dues. As currently written, the employee pays the equivalent of the union dues and the receiving union contributes the money to a charity of its choice. SB 44 provides that the union shall contribute the equivalent of the dues to a charity of the employee's choice. She noted that this would also cover the Alaska Railroad union. 2:35:03 PM FORREST WOLFE, Staff, Senator Cathy Giessel, offered to answer questions related to SB 44. CHAIR COSTELLO asked for some background on the introduction of the legislation. MR. WOLFE said he received a letter today from a person who said she was a member of the NEA for 20 years and her dues were given to charities she didn't support. He imagined that there were other examples. CHAIR COSTELLO asked if he would categorize this legislation as a matter of freedom of speech. MR. WOLFE replied it's about freedom of speech and freedom of religion. 2:37:36 PM GREGORY HAMILTON, President, Northwest Religious Liberty Association (NRLA), testified in support of SB 44. He said NRLA represents the Seventh Day Adventist Church and any person or institution of faith in a five state region to advance the separation of church and state and the free exercise of religion. NRLA also mediates and litigates Title VII religious discrimination in the workplace as well as labor union exemption requests. MR. HAMILTON opined that the bill makes just a modest change because the way contract bargaining law has worked is that the union can have the ultimate say about what charity the money is donated to, but generally there is mutual agreement. If someone wants to give outright to a religious organization and it's objectionable or doesn't meet the neutral criteria, then it's turned down. 2:42:25 PM MARK TORGERSON, Administrator and Hearing Examiner, Alaska Labor Relations Agency ("Agency") Anchorage, Alaska, stated that he was asked to discuss the framework of AS 23.40.225. He explained that section 225 provides that an employee who wants to file a request for non-association based on bonafide religious convictions must file a claim with the Agency along with proper proof of their religious conviction. The Agency then grants the employee an exemption and the receiving union contributes an equivalent amount of dues, fees, and assessments to a charity of the union's choice. CHAIR COSTELLO opened public testimony. 2:44:37 PM DON ETHRIDGE, Alaska AFL-CIO, Juneau, AK, stated that the union would like one small change in Section 2 to clarify that the employee cannot realize personal gain from the funds that are donated to a charity of the employee's choice. 2:46:03 PM CAROL CARMAN, representing herself, Palmer, Alaska, testified in support of SB 44. She reported that when she was working it was very difficult to get a religious exemption and she really didn't have a choice about where her dues equivalent would be donated. The National Education Association (NEA) allowed her to select one of the three organizations that the union chose. SENATOR MEYER asked the names of the three organizations she could select from. MS. CARMAN recalled Beans Cafe and Salvation Army, but not the third. 2:49:04 PM DAVID NEES, representing himself, Anchorage, Alaska, testified in support of SB 44. He stated that the employee should be able to decide where his/her money goes. He cautioned that the language on page 1, lines 10-13, regarding religious convictions based on tenets may be unconstitutional. 2:51:25 PM DAVID BOYLE, representing himself, Anchorage, Alaska, testified in support of SB 44. He said this bill emphasizes the constitutional rights of freedom of speech, freedom of association, and freedom of religion. It also prohibits an individual's dues from going to support non-profits the individual may not agree with philosophically. 2:52:55 PM CHAIR COSTELLO closed public testimony and held SB 44 in committee for further consideration.