Legislature(1999 - 2000)

03/16/2000 03:00 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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HOUSE BILL NO. 337                                                                                                              
                                                                                                                                
An Act relating to claims against permanent fund                                                                                
dividends to pay certain amounts owed to state agencies                                                                         
and to fees for processing claims against and                                                                                   
assignments of permanent fund dividends; and providing                                                                          
for an effective date.                                                                                                          
                                                                                                                                
DWIGHT PERKINS, DEPUTY COMMISSIONER, DEPARTMENT OF LABOR AND                                                                    
WORKFORCE DEVELOPMENT, commented that some State agencies                                                                       
are currently allowed to seek from individuals overdue                                                                          
payments of money due the State through a simple                                                                                
administrative collection of permanent fund dividends.  But                                                                     
most State agencies still need to use a time consuming and                                                                      
costly court action to attach an individual's permanent fund                                                                    
dividend.  It makes sense for all State agencies to have                                                                        
access to the "fast track" method of collecting from a                                                                          
person who receives a dividend while in arrears with                                                                            
payments lawfully due to the State.  The proposed bill                                                                          
accomplishes that change in law.                                                                                                
                                                                                                                                
He continued, a State agency would not be required to use                                                                       
the new procedures for collection.  Any agency that elects                                                                      
to use the new procedures would be required to notify the                                                                       
individual of the claim with a fair opportunity for a                                                                           
hearing at which the individual could contest the agency's                                                                      
claim to the dividend.  If a hearing is not requested or the                                                                    
claim is resolved in favor of the State agency, the agency                                                                      
may collect the money from the individual's dividend without                                                                    
filing a court action.  Mr. Perkins emphasized that passage                                                                     
of the measure gives State agencies an additional tool to                                                                       
recover money that is lawfully owed to the State under                                                                          
existing law.  He outlined the differences between the three                                                                    
versions of the bill contained in member's packets.                                                                             
                                                                                                                                
Co-Chair Therriault questioned the Department of Labor and                                                                      
Workforce Development's fiscal note.  Mr. Perkins explained                                                                     
the change between the various totals for the five years.                                                                       
He noted it calculated interest penalties from the received                                                                     
money.                                                                                                                          
                                                                                                                                
RON HULL, DEPUTY DIRECTOR, EMPLOYMENT SECURITY DIVISION,                                                                        
DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, added the                                                                        
first page of the fiscal note represents the current fiscal                                                                     
year.                                                                                                                           
                                                                                                                                
Mr. Perkins pointed out that this was originally the                                                                            
Department of Labor and Workforce Development's legislation.                                                                    
In the process, other State agencies believed that more was                                                                     
needed.  The Administration does not have a problem with the                                                                    
State Affairs version which includes other departments.                                                                         
                                                                                                                                
Representative J. Davies requested an example of a                                                                              
"hypothetical situation" resulting in a person owing money                                                                      
through the recommended legislation.  Mr. Hull replied that                                                                     
there are a number of methods in which benefits are over                                                                        
paid.  The largest problem is in collection of over paid                                                                        
unemployment.  Cross match information often shows that a                                                                       
recipient is working when they do not claim that they are.                                                                      
That would be a fraud case.  Employers send quarterly                                                                           
documents indicating how much an employee was paid per week.                                                                    
The appeal process is undertaken and it could then be                                                                           
transferred to a criminal court.  Hearing officers initially                                                                    
address the case.  Mr. Hull stated that if there is an                                                                          
appeal and it is upheld, the claimant could go to Superior                                                                      
Court.  He noted that the due process issue is well covered.                                                                    
                                                                                                                                
Representative J. Davies pointed out that the claimant has                                                                      
30 days to appeal.  He asked if the claimant did not respond                                                                    
in that period, would they then be garnished.  Mr. Hull                                                                         
explained that the Department is not "heavy handed".  Before                                                                    
the Department approaches this, the claimant must first be                                                                      
120 days in arrears.  Taking the dividend is the                                                                                
Department's last resort.                                                                                                       
                                                                                                                                
Co-Chair Therriault attempted to clarify the process                                                                            
undertaken to make a garnishment.  Mr. Hull explained that                                                                      
to garnish the dividend, would depend on why there was no                                                                       
response.                                                                                                                       
                                                                                                                                
Mr. Perkins explained that the address used by the                                                                              
Department is the one used to mail the dividend to.  Co-                                                                        
Chair Therriault asked if only the garnished persons would                                                                      
be the ones who had established a payment plan.  Mr. Hull                                                                       
explained that not everyone has set up a payment plan and                                                                       
that all recipients could be garnished.  Mr. Hull added that                                                                    
the Division's collection rate on the overpayment area is in                                                                    
the 90% percentile.  Problems exist with the fraudulent                                                                         
payments.                                                                                                                       
                                                                                                                                
Representative Bunde voiced concern that notification did                                                                       
not take place through a registered letter.  Mr. Hull                                                                           
replied that if the person could show that they had not                                                                         
received the mail or had not opened it, then their repeal                                                                       
rights are reopened.                                                                                                            
                                                                                                                                
Vice Chair Bunde asked about the continuity of the                                                                              
procedure.  Mr. Hull replied that all procedures used by the                                                                    
Division are in writing.                                                                                                        
                                                                                                                                
Representative J. Davies inquired the number of cases this                                                                      
amount of revenue represents.  Mr. Hull replied that right                                                                      
now, the Division is working on cases that are six years                                                                        
old.  Yearly, there are about two thousand people, half of                                                                      
which could be fraudulent.  Fraud for 1997 was $1.8 million                                                                     
dollars; for 1998 it was $1.5 million dollars.                                                                                  
                                                                                                                                
Co-Chair Therriault inquired how the garnishment process was                                                                    
handled.                                                                                                                        
                                                                                                                                
NANCI JONES, DIRECTOR, ALASKA PERMANENT FUND DIVIDEND                                                                           
PROGRAM, DEPARTMENT OF REVENUE, explained that when a State                                                                     
agency files a garnishment, that case is given a number to                                                                      
track it.  Any person can track that with the assigned                                                                          
number and it can be tracked through the department claiming                                                                    
the dispute.  Only if there is a release from the agency,                                                                       
will the action can be stopped.  The Permanent Fund Dividend                                                                    
Division would work directly with the Department of Labor                                                                       
and Workforce Development.                                                                                                      
                                                                                                                                
Representative Foster MOVED to HB 337 out of Committee with                                                                     
individual recommendations and with the accompanying fiscal                                                                     
notes.  There being NO OBJECTION, it was so ordered.                                                                            
                                                                                                                                
CS HB 337 (JUD) was reported out of Committee with a "do                                                                        
pass" recommendation and with a fiscal note by the                                                                              
Department of Labor and Workforce Development dated 2/4/00                                                                      
and a zero note by the Department of Revenue dated 2/23/00.                                                                     

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