HB 3-NATIONAL GUARD LEAVE/REEMPLOYMENT RIGHTS  3:50:11 PM CHAIR DUNLEAVY called the committee back to order. He announced the consideration of HB 3. [CSHB 3(MLV) was before the committee.] 3:50:34 PM KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State Legislature, Juneau, Alaska, introduced HB 3 speaking to the following sponsor statement: House Bill 3 seeks to correct a deficiency in employment protections for Alaskans who are serving in the National Guard. This is a nationwide effort by the Department of Defense to ensure those who serve their nation for all 50 states when called to duty - regardless of their service location - will have reemployment rights to their Alaskan civilian job after completing the various critical duties when called by a governor for state active duty. The National Guard is a hybrid state-federal entity. While National Guard members are subject to federal call to duty by the President of the United States, they can also be called up for state active duty by the Governor to respond to state emergencies such as fires, tornadoes and floods. The federal law Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the Army or Air National Guard when they are called away from their civilian jobs for federal service. However, USERRA does not apply when a National Guard member must leave their job for state active duty. If National Guard members are to have reemployment rights after state active duty, it must be through state law. Alaska currently has a law that applies to employment protections to the public and private employees. However, it is explicitly limited to members of the Alaska Army or Air National Guard. There are several Alaskan residents who serve in the National Guard of another state. These Alaskans currently do not have the reemployment protections for their employment. By passing House Bill 3, we will extend the employment protections to Alaskans who are serving in any National Guard. The Department of Defense has identified this legislation as a key quality of life issue and is actively seeking to make this policy change across the nation. So far, 29 other states have passed similar legislation and 5 other states are taking it up this session. Please join me in supporting House Bill 3 by making this important change to protect those who are honorably serving our nation. MS. KLOSTER detailed that 33 Alaskans currently serve in other National Guard units. She noted that the number of Alaskans serving elsewhere is a self-reported number so there could be more. She reiterated that the bill ensures individuals have the same reemployment rights if they are called to service. She noted that some of the reasons that individuals belong to another National Guard includes education and training opportunities in the Lower 48. 3:52:36 PM SENATOR COGHILL asked her to confirm that the bill requires an individual to be a resident of Alaska. MS. KLOSTER answered it does. SENATOR COGHILL asked that Ms. Kloster specify the residency requirements. He disclosed that his son-in-law went to Mississippi in the Air National Guard under another unit for a year, but retained his job in Alaska because he was deployed for training outside of Alaska. He asked if his son-in-law would have qualified under the state's present statute or under the legislation proposed in HB 3. MS. KLOSTER asked if Senator Coghill's son-in-law was an Alaskan resident serving in another National Guard in the Lower 48. SENATOR COGHILL answered yes. He detailed that his son-in-law was lent for training purposes that benefited the Alaska Air National Guard. He noted that he did not know if either the current statute or his son-in-law's employer assured reemployment. 3:54:13 PM MS. KLOSTER answered that the scenario Senator Coghill described would be covered under the proposed legislation. She noted that she did not know of any circumstances where employers have said "No, you cannot have your job back." She opined that Alaska has been very friendly to the state's service members who are serving. She specified that HB 3 is an important step to cover those in case of certain circumstances rather than presenting a bill because reemployment did not happen for someone that was called to duty. SENATOR COGHILL asked what would occur if an Alaskan resident takes a fulltime job with the National Guard in another state. MS. KLOSTER answered that the individual would have to be an Alaskan resident. She noted that a provision was added to the bill that protected businesses if circumstances change where an individual's position no longer exists due to downsizing, etc. She pointed out that in most cases the time away for National Guard members is not for extended periods of time. SENATOR COGHILL asked Mr. Doehl to address his concern on the Legislature mandating that somebody hold a job, explain the deployment process, and if the bill applies to those that take a fulltime position with the National Guard in another state or to those that retain their residency when deployed to another state. 3:57:50 PM ROBERT DOEHL, Deputy Commissioner, Alaska Department of Military and Veterans' Affairs (DMVA), JBER, Alaska, noted that there are various types of duty status. He detailed that Title 10 of the United States Code addresses overseas guardsman deployment to do things that are necessary to defend the nation. He explained that Title 32 of the United States Code addresses guardsman training, either federal or state status. He specified that federal-status training would be protected under USERRA. He noted that a guardsman put into state-active duty for another state guard is conceivable, but DMVA has never heard of it. He said where state-active duty is used primarily is when a guardsman is answering a call of the governor for natural disasters where tours are 72 hours or less. He noted that under federal law, not related to HB 3, there is a total time limit of five years where a guardsman can be away from a job and still have reemployment. He added that DMVA is not aware of state-active duty ever running out as far as five years. SENATOR COGHILL asked Mr. Doehl to address someone serving fulltime in another guard unit in another state and if the individual could still try to claim residency in Alaska. 4:00:26 PM MR. DOEHL answered that for someone working fulltime in the National Guard of another state, the individual would be working under Title 32 of the United States Code. He added that the individual would be under the federal protection to the extent that they exist. He noted that HB 3 will not impact the scenario he previously described. SENATOR WILSON asked that Mr. Doehl address the use of the phrase "active state service" in the bill on page 2, lines 2 and 5. MR. DOEHL replied that "active state service" or the term used by the National Guard, "state active duty," would only apply to specific-duty status for performing duties that typically entails the role of disaster response. SENATOR WILSON responded that he understood Mr. Doehl's inference, but noted that on page 1, line 12 the bill says, "Or active National Guard service under the law of another state;" however, on page 2, line 2 the phrase, "Or National Guard service in another state" is used without the use of the word "active." MS. KLOSTER replied that the sentence on page 2, line 2 states that, "A result of 'active state service' or 'National Guard' service in another state." She explained that when she had talked to the bill's drafters, they said "active" would cover both the "active state service" and the next line that notes, "National Guard." She said she would double check with the drafters to address Senator Wilson's question. CHAIR DUNLEAVY welcomed invited testimony for HB 3. 4:02:41 PM MARK SAN SOUCI, Regional Legislative Liaison, Military Community and Family Policy, United States Department of Defense, Lakewood, Washington, testified in support of HB 3. He summarized that HB 3 is about protecting those people in private employment who get called for things like forest fires and have a private employer who wants to fire them. He said 29 states have passed legislation like HB 3 and 5 other states are considering the legislation. 4:05:23 PM CHAIR DUNLEAVY held HB 3 in committee.