CHAIRMAN KELLY announced a proposed Senate Rules Committee substitute had been prepared for HB 80. CHRIS NELSON, Staff Director to the Joint Committee on Military Bases, discussed the two changes made to the proposed committee substitute. The first change increases, from three to five, the number of preference points for hiring at the request of request of the Administration through the Department of Military and Veterans Affairs. That increase will place National Guard members on an equal status with veterans who have served during periods of conflict, and because the Department of Administration expressed concern that creating too many categories in the point system could complicate the hiring process. A ten point preference already exists for disabled veterans and prisoners of war. MR. NELSON informed committee members he has not received any objections to this change from any of the veterans groups and that overall support has been bipartisan. CHAIRMAN KELLY stated that change is also favored by Pat Pourchot, Legislative Director in the Office of the Governor. MR. NELSON explained the second revision provides an employment preference, consistent with the collective bargaining agreements, in the event of layoffs. This revision grants the same employment preference to National Guard members as that currently provided to disabled veterans, prisoners of war and veterans, in the event that layoffs occur. Public employee bargaining unit representatives were concerned about seniority. Some of their suggestions were adopted and those representatives have agreed to the changes made in the bill. The actual language change begins on line 18, and reads, "If all job qualifications are equal, a member of the National Guard shall be given preference over a person who is not a veteran, prisoner of war, or member of the National Guard." CHAIRMAN KELLY clarified that language draws a middle line between changes made by a House committee and what the bargaining units wanted to see. MR. NELSON explained that placing hiring preferences in statute raises the question of whether the prerogatives of the bargaining unit are being preempted. The addition of this language was considered to be a middle ground because it requires that all factors be considered equally. Number 181 SENATOR ELLIS questioned whether veterans and prisoners of war have preference over members of the National Guard. MR. NELSON said that is how he reads the bill. The groups are listed in the bill in priority and veterans and prisoners of war have a 10 point preference. SENATOR ELLIS asked if the bill creates a hierarchy of preferences with prisoners of war at the top of the list. MR. NELSON said that is correct. CHAIRMAN KELLY noted the available pool of veterans and prisoners of war in the job market is rapidly diminishing. SENATOR ELLIS asked if the bill in any way interferes with the existing hierarchy of military people for the purpose of hiring preferences. MR. NELSON said it does not. SENATOR LEMAN said he reads the bill to change the hierarchy a little bit because it provides a preference equal to the five points added for the passing grade of a veteran. MR. NELSON agreed it changes the hierarchy on the hiring but the bill makes two changes. It gives a competitive advantage during the hiring process and recognizes that in the event of a layoff, they also have a preference. CHAIRMAN KELLY stated that because the bargaining unit is concerned that wholesale layoffs will occur, it wanted to place the seniority issue in statute. He felt that would interfere with the collective bargaining process because the seniority issue is included in most collective bargaining agreements. SENATOR LEMAN moved to adopt SCSHB 80(RLS). There being no objection, the motion carried. SENATOR LEMAN moved to calendar HB 80-EMPLOYMENT PREFERENCE FOR NAT'L GUARD. There being no objection, the motion carried.