Legislature(2001 - 2002)

03/23/2001 03:20 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB  58-UNEMPLOYMENT COMPENSATION BENEFITS                                                                                     
                                                                                                                                
Number 0046                                                                                                                     
                                                                                                                                
CHAIR  MURKOWSKI announced  that the  committee would  hear HOUSE                                                               
BILL NO. 58,  "An Act relating to the calculation  and payment of                                                               
unemployment   compensation  benefits;   and  providing   for  an                                                               
effective date."                                                                                                                
                                                                                                                                
CHAIR MURKOWSKI stated that the  committee had asked the Division                                                               
of  Employment Security  for  additional  information, which  was                                                               
received on 3/15/01;  and she mentioned that there  was a revised                                                               
fiscal note.                                                                                                                    
                                                                                                                                
Number 0139                                                                                                                     
                                                                                                                                
REBECCA  NANCE GAMEZ,  Deputy Director,  Department of  Labor and                                                               
Workforce  Development (DLWD),  explained  the  three things  the                                                               
bill does:   it raises the maximum  weekly unemployment insurance                                                               
("UI") benefit amount  from $248 to $284 the first  year; then it                                                               
raises it from $284  to $320 a week in the  second year; and then                                                               
it  ties it  to the  average weekly  wage, which  will allow  the                                                               
maximum weekly benefit amount to "flow" with the economy.                                                                       
                                                                                                                                
MS.  GAMEZ  commented that  35  states  have economic  indicators                                                               
attached to  their maximum  weekly benefit  amounts.   [The DLWD]                                                               
comes before  this committee every  four to six years,  and tying                                                               
this to  the average  weekly wage would  change that;  this would                                                               
become a flexible rather than a static number in law.                                                                           
                                                                                                                                
CHAIR MURKOWSKI asked for confirmation  of her understanding that                                                               
it doesn't make a difference whether  a person is a claimant from                                                               
Alaska or from Ohio:   if a person worked in  Alaska and has been                                                               
laid off, the claim can be made [against Alaska].                                                                               
                                                                                                                                
MS. GAMEZ  responded affirmatively;  however, she added  that the                                                               
reverse is  true as  well.  A  person can work  in Ohio,  come to                                                               
Alaska, and  file a wage claim  against Ohio, which is  why it is                                                               
part of a larger national system.                                                                                               
                                                                                                                                
MS.  GAMEZ  stated  that  [the   department]  was  found  out  of                                                               
compliance many  years ago  when out-of-state  people used  to be                                                               
given  a $20  bill and  in-state people  were given  considerably                                                               
more.                                                                                                                           
                                                                                                                                
CHAIR MURKOWSKI commented that if  a person is working in Alaska,                                                               
and Alaskan benefits  are going to be claimed,  that person ought                                                               
to be at  least making the claim here in  Alaska before moving to                                                               
Ohio.                                                                                                                           
                                                                                                                                
Number 0446                                                                                                                     
                                                                                                                                
REPRESENTATIVE   HALCRO,  referring   to  the   handout  entitled                                                               
"Answers  to  House Labor  and  Commerce  Committee Questions  of                                                               
March 9,  2001" from  the department, stated  that in  looking in                                                               
the  history, "the  practice was  discontinued  to avoid  serious                                                               
sanctions against  our program."   He pointed  out that  this was                                                               
almost 30 years ago; was it  voluntary by the state, he asked, or                                                               
was it an actual mandate from Congress?                                                                                         
                                                                                                                                
Number 0543                                                                                                                     
                                                                                                                                
MS. GAMEZ  replied that she  couldn't speak  to whether it  was a                                                               
congressional Act;  however, there  is now an  interstate compact                                                               
that all states and jurisdictions  participating in the UI system                                                               
are  signatory to.    Every  state, Puerto  Rico,  Guam, and  the                                                               
District  of Colombia  are part  of  the compact  that makes  the                                                               
interstate system  run smoothly.   There  are some  advantages to                                                               
being a part of that, she  said; for instance, when Alaskans move                                                               
out of state, they can go  elsewhere and receive [UI] funds while                                                               
training in another  state.  Oftentimes, there  are combined wage                                                               
claims, so a person isn't  just claiming against Alaska; if wages                                                               
were earned  in Ohio, for  example, it  takes those wages  out of                                                               
both the Alaska and Ohio trust funds to pay the claimant.                                                                       
                                                                                                                                
MS. GAMEZ  explained that  tracking the  success of  [the DLWD's]                                                               
training  programs, employment,  and placement  will be  possible                                                               
soon; right  now, [the DLWD] has  no capability to do  that on an                                                               
interstate basis.   She said soon, if a person  leaves the state,                                                               
[the  DLWD]  will be  able  to  know  if those  federal  training                                                               
dollars are  still working  for [the  department].   The tracking                                                               
system will be  called the Wage Record Interchange  System and is                                                               
modeled after the benefit system.                                                                                               
                                                                                                                                
MS.  GAMEZ stated  that it  is a  "bitter pill  to swallow"  when                                                               
thinking  about all  of the  dollars going  out of  the state  in                                                               
wages  and UI  benefits, although  she believes  a benefit  comes                                                               
back to the state and is reciprocal.                                                                                            
                                                                                                                                
Number 0640                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO said  the concern  is that  every employer                                                               
and employee pays  into this fund, but there  are some industries                                                               
that  have  a  higher  impact  on  the  UI  fund;  for  instance,                                                               
referring to chart 1, entitled  "Alaska's Interstate UI claimants                                                               
1999 Distribution by  Industry," a little over 30  percent of the                                                               
claimants   in  the   manufacturing  category   are  in   seafood                                                               
processing.   That industry obviously has  more of a draw  on the                                                               
UI fund; meanwhile,  other industries and employers  might have a                                                               
negligible effect.   There has  to be some  kind of way  to equal                                                               
this out  so other employers  aren't bearing the burden  for this                                                               
one industry.                                                                                                                   
                                                                                                                                
MS. GAMEZ responded  that the UI program has a  system called the                                                               
experience-rating system that does just  that.  The more seasonal                                                               
an  industry  - the  more  turnover  -  the  higher the  rate  is                                                               
proportionately.                                                                                                                
                                                                                                                                
Number 0754                                                                                                                     
                                                                                                                                
CHAIR  MURKOWSKI,  referring  to the  statistics  for  interstate                                                               
claims  from  the  handout,  said  essentially  2,600  unemployed                                                               
workers living  in Alaska  filed claims  against other  states as                                                               
compared with  over 10,000 claims  filed against Alaska  by those                                                               
living outside [Alaska].  She  asked whether Ms. Gamez attributes                                                               
the bulk of that to those in the seafood processing industry.                                                                   
                                                                                                                                
MS.  GAMEZ remarked  that [Alaska]  has the  highest proportional                                                               
rate of interstate claims.   Last year, in-state [Alaskan claims]                                                               
totaled  $107 million;  the number  of those  living outside  the                                                               
state claiming against  [Alaska] was the lowest that  it had been                                                               
in a long time, at about 18  percent or roughly $19 million.  She                                                               
commented that the gap has been narrowed a bit.                                                                                 
                                                                                                                                
Number 0861                                                                                                                     
                                                                                                                                
MS. GAMEZ stated  that [the DLWD] has focused on  the seafood and                                                               
processing industries.   There are a  lot of people coming  up to                                                               
work in  both the seafood  and tourism industries, she  said, and                                                               
these  are  the [employment  sectors]  for  which [the  DLWD]  is                                                               
trying  to  attract Alaskans;  it  is  a challenge  because  some                                                               
people  don't want  to  do these  jobs or  they  are not  trained                                                               
adequately to go to work at  one of the higher-paying jobs.  [The                                                               
Department  of Labor  and Workforce  Development] tries  to focus                                                               
the  job  training  and  employment  service  programs  to  train                                                               
Alaskans for jobs that go to [nonresidents].                                                                                    
                                                                                                                                
MS. GAMEZ pointed out that during  the last hearing on this bill,                                                               
the  report  of nonresidents  working  in  Alaska was  discussed.                                                               
[The  Department of  Labor and  Workforce Development]  uses that                                                               
report to target  specific industries for training,  and uses the                                                               
state and federal  dollars to target occupations in  the hopes of                                                               
making the  connection for Alaskans.   When she started  with the                                                               
department six  years ago,  she said, between  23 and  25 percent                                                               
were interstate  claimants, and now is  down to 18 percent.   She                                                               
said she  would like  to think  that [the  DLWD] is  partially to                                                               
credit for making the training  opportunities available for those                                                               
industries  that tend  to have  a higher  nonresident population;                                                               
there is  a direct  correlation between the  job training  and UI                                                               
data that [the department] gets.   It is a goal of the department                                                               
to get that number down, she  said, and [the DLWD] wants Alaskans                                                               
to get those high-paying jobs.                                                                                                  
                                                                                                                                
CHAIR MURKOWSKI  asked if there is  any way to keep  Alaskans for                                                               
these jobs that  are here, rather than having  this constant out-                                                               
migration.                                                                                                                      
                                                                                                                                
Number 1008                                                                                                                     
                                                                                                                                
MS. GAMEZ remarked  that the UI program enables  many Alaskans to                                                               
stay here.   Many people in the trades will  go outside [Alaska],                                                               
and when  workers are needed,  [Alaska] can't get them,  and they                                                               
end up  being imported; oftentimes  UI compensation is  the thing                                                               
that allows Alaska to keep  the expertise in-state, as opposed to                                                               
depending  on  bringing  people  in   -  that  coupled  with  the                                                               
nonresident hire report  and the targets that are set  in the job                                                               
training sector which are all interrelated.   It is a huge policy                                                               
issue,  she   emphasized,  and  is  something   that  [the  DLWD]                                                               
continues to tackle because of  the permanent fund and the cross-                                                               
match that  can be done on  wages.  [The Department  of Labor and                                                               
Workforce  Development] is  in  a unique  position  to know  what                                                               
those industries  are and how  to go about targeting  them, which                                                               
is being done, she said.                                                                                                        
                                                                                                                                
MS. GAMEZ  offered to meet  with committee members to  talk about                                                               
the  job  training  sector  within  the  Division  of  Employment                                                               
Security to further explain the linkages.                                                                                       
                                                                                                                                
Number 1153                                                                                                                     
                                                                                                                                
RON  HULL,  Acting  Director, Division  of  Employment  Security,                                                               
Department of Labor and Workforce  Development (DLWD), added that                                                               
seafood  processing  is  an  industry  that  the  division  works                                                               
specifically with, and that the  division has opened an office in                                                               
Naknek to  try to get Alaskans  into those jobs.   "We" have made                                                               
some inroads in this area, he remarked.                                                                                         
                                                                                                                                
REPRESENTATIVE HALCRO  asked:   For how  many claimants  is going                                                               
through job training  and actively looking for work  in the state                                                               
a  priority?   And how  many  return to  the Lower  48 after  the                                                               
season ends?                                                                                                                    
                                                                                                                                
MS. GAMEZ replied  that [the DLWD] targets  training on Alaskans.                                                               
Training is going  on during the off-season,  so [the department]                                                               
is focusing it on the people who  stay in-state.  It is a federal                                                               
program,  and there  are limitations;  however, [the  DLWD] can't                                                               
[deny] people  who choose  to live  here.   She said  training is                                                               
oftentimes counter-cyclical to working.                                                                                         
                                                                                                                                
REPRESENTATIVE HALCRO expressed the desire  to make sure that the                                                               
UI benefit  is a livable  one between jobs; however,  someone who                                                               
is  just here  seasonally with  no desire  to stay  in the  state                                                               
beyond the season is a concern -  the person who goes home to the                                                               
[Lower 48] and collects UI for  as long as it allows, waiting for                                                               
the season to start again.                                                                                                      
                                                                                                                                
Number 1204                                                                                                                     
                                                                                                                                
MS.  GAMEZ  confirmed  that Representative  Halcro  had  a  valid                                                               
point.  She  said the longest duration of benefits  that a person                                                               
could get is  26 weeks, with the average duration  for all claims                                                               
against [Alaska]  at 14.9  weeks.  She  said the  conclusion that                                                               
she draws  is that  people are  looking for  work or  staying in-                                                               
state and are  unable to work because of the  weather.  There are                                                               
few claimants that exhaust benefits,  whether living in or out of                                                               
the  state.   In  addition,  she said,  [Alaska]  has the  lowest                                                               
maximum weekly  benefit amount  in the  Western region;  a person                                                               
would do better  filing against another state  rather than filing                                                               
against [Alaska].  She said there  is nothing that [the DLWD] can                                                               
do to discriminate against the  people who file against the state                                                               
and then leave.                                                                                                                 
                                                                                                                                
REPRESENTATIVE HALCRO  referred to pages  4 and 5 of  the handout                                                               
entitled  "Answers   to  House   Labor  and   Commerce  Committee                                                               
Questions of  March 9, 2001."   He pointed out that  it says that                                                               
workers  with  claims  against  other states  are  not  asked  to                                                               
participate  in profiling  services but  are registered  with the                                                               
employment service office nearest to  the resident.  He asked Ms.                                                               
Gamez to further explain this information.                                                                                      
                                                                                                                                
Number 1279                                                                                                                     
                                                                                                                                
MS. GAMEZ  explained that the  worker profiling  and reemployment                                                               
services started  as a  pilot program  funded through  the United                                                               
States  Department of  Labor  (USDOL).   There  is a  statistical                                                               
model   that  [the   division]  matches   against  the   claimant                                                               
population  to  identify people  who  are  likely to  exhaust  UI                                                               
benefits; however,  there are exemptions  to that, such as  for a                                                               
person who  has a labor attachment  to a certain field  through a                                                               
union  hall.    Most  people  are  pretty  happy  about  it,  she                                                               
remarked; it's  kind of a  "job-club" atmosphere in  which people                                                               
come together to learn about  interviewing skills, job leads, how                                                               
to dress for an interview, and how to give a good interview.                                                                    
                                                                                                                                
MS. GAMEZ  said the reason  interstate claimants  aren't profiled                                                               
is because  the funding  isn't available to  do it;  however, she                                                               
added, it is  being looked at.  She said  she feels very strongly                                                               
that  if  Alaskans have  to  leave  for  whatever reason  and  go                                                               
elsewhere, she  would hope  that they  would get  those intensive                                                               
employment services.  The reciprocity  issue is very important to                                                               
[the  department], and  [these  services] will  be  added in  the                                                               
future.  She  said there is a finite amount  of dollars, and [the                                                               
DLWD]  tends not  to include  them in  the statistical  sample at                                                               
this point.                                                                                                                     
                                                                                                                                
Number 1376                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD emphasized that  [Alaska] pays the lowest                                                               
UI weekly benefit amount in the Western region.                                                                                 
                                                                                                                                
Number 1455                                                                                                                     
                                                                                                                                
PAM LaBOLLE, President, Alaska State  Chamber of Commerce, stated                                                               
that  [business  community  members]  have been  slow  to  really                                                               
understand this.  She said  Ed Flanagan, Commissioner, Department                                                               
of  Labor  and  Workforce  Development,  came  to  speak  to  the                                                               
chamber's  board  of  directors  about six  weeks  ago,  and  the                                                               
understanding amongst  the [business  membership], she  said, was                                                               
that the  maximum weekly  benefit amount was  going to  be raised                                                               
from $248 to  $284, and that was  the "sum" of it.   Earlier this                                                               
week she had decided to read  the bill and found it difficult [to                                                               
understand], so  the department  gave her a  study guide  and now                                                               
there is some concern.                                                                                                          
                                                                                                                                
MS.  LaBOLLE  stated  that  one  of  the  things  that  makes  it                                                               
difficult is that 42 states  [or jurisdictions], including Puerto                                                               
Rico  and  the  District  of  Colombia,  are  using  a  different                                                               
formula, the  high-quarter formula; only  six are on  the formula                                                               
that Alaska is  on, the annual-wage formula; and four  are on the                                                               
average-weekly-wage formula.   Alaska is one of  nine states that                                                               
give  a  supplemental  benefit for  dependent  children,  so  the                                                               
maximum weekly  benefit amount ranges  - depending on  the number                                                               
of  dependent children  that might  be  involved -  from $248  to                                                               
$320.  According to some  information from the [DLWD], on average                                                               
an unemployed Alaskan's [UI] check  replaces less than 30 percent                                                               
of the  average weekly wage.   She also understood that  with the                                                               
two steps involved  in this legislation, it would  increase it to                                                               
50 percent, which  is two-thirds of an increase,  she said, which                                                               
seems like  a "hefty" step.   And then it  is tied to  a formula,                                                               
rather than  having it reviewed  by the legislature,  which looks                                                               
at  the  current circumstances  to  determine  what the  economic                                                               
climate is.                                                                                                                     
                                                                                                                                
Number 1622                                                                                                                     
                                                                                                                                
MS.  LaBOLLE stated  that as  employers,  [chamber members]  have                                                               
always felt that  it is important to have real  people looking at                                                               
the  increases that  are going  to  happen in  taxes rather  than                                                               
having an automatic  formula.  The other thing  that happens, she                                                               
said, is that when there is  a downturn in the economy, the [high                                                               
rate]  is still  being  paid and  it's harder  to  be reacted  to                                                               
quickly.  All  in all, she commented, there is  enough concern at                                                               
this  point that  she would  hope that  the committee  would give                                                               
[the chamber]  a little more  time to get some  employer feedback                                                               
for the committee on this issue.                                                                                                
                                                                                                                                
Number 1712                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD said  by  tying [the  indicator] to  the                                                               
average weekly wage when the  [downturn] happens, [benefits] will                                                               
actually go down; [Alaska] won't be  left at the high wage [rate]                                                               
like the  way the [system] is  set up presently, which  is one of                                                               
the reasons  he thinks this is  a far better solution  because it                                                               
can fluctuate with  the economy much better than if  it were tied                                                               
to the consumer  price index (CPI) or some  indicator that really                                                               
doesn't go  down.   The average weekly  wage does  fluctuate over                                                               
the years.                                                                                                                      
                                                                                                                                
MS.   LaBOLLE  responded   that  since   the  legislature   meets                                                               
essentially every  six months, there  is an opportunity  to react                                                               
quickly to  an economic  trend, rather than  doing away  with the                                                               
formula.                                                                                                                        
                                                                                                                                
REPRESENTATIVE CRAWFORD  asked if  [the legislature]  had lowered                                                               
it before.                                                                                                                      
                                                                                                                                
MS. LaBOLLE said she didn't know the history of UI in Alaska.                                                                   
                                                                                                                                
Number 1774                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD stated  that  in the  last  25 years  it                                                               
hasn't  happened,  and he  feels  that  it would  be  politically                                                               
unfeasible  for  [the  legislature]  to   go  in  and  lower  the                                                               
unemployment   benefits,   especially   when  heading   into   an                                                               
[economic] downturn.                                                                                                            
                                                                                                                                
MS.  LaBOLLE suggested  perhaps not  lowering it  but keeping  it                                                               
from increasing at  the very time when employers  are hurting the                                                               
most with the "downed" economy.                                                                                                 
                                                                                                                                
REPRESENTATIVE CRAWFORD stated that he  thought it lowered as the                                                               
economy went down.                                                                                                              
                                                                                                                                
Number 1880                                                                                                                     
                                                                                                                                
MS.  LaBOLLE said  it has  been  viewed too  simply by  a lot  of                                                               
people,  and that  is  why  there hasn't  been  a  great deal  of                                                               
concern.   There  is  probably  a good  case  for increasing  the                                                               
benefit  amount; however,  she didn't  know to  what extent.   In                                                               
1997  it was  increased, so  it is  time to  increase it  to some                                                               
level.  She reiterated that there  is concern about tying it to a                                                               
formula.  She pointed out  that the increase is approximately $10                                                               
million in taxes over two years, which sounds excessive.                                                                        
                                                                                                                                
MS.  LaBOLLE said  the employer's  amount would  be a  .2 percent                                                               
increase in  the tax rate, and  the employee's amount would  be a                                                               
.0003  percent increase  in the  tax rate,  so the  employers are                                                               
going to get the biggest "jolt."                                                                                                
                                                                                                                                
REPRESENTATIVE  MEYER asked  Ms. LaBOLLE  which of  the employers                                                               
she represents would be most impacted by this.                                                                                  
                                                                                                                                
MS.   LaBOLLE   replied  that   it   would   be  [employers]   in                                                               
construction, hotels,  and restaurants  where there is  a greater                                                               
turnover  because it  is experienced-rated.   So  the more  it is                                                               
used, the higher  the tax rate is  going to be and  the more that                                                               
will be paid.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MEYER   stated  that  during  the   minimum  wage                                                               
legislation, the  committee heard  from a  lot of  employers, but                                                               
with this topic there has been [no testimony from employers].                                                                   
                                                                                                                                
MS. LaBOLLE  commented that  [employers] haven't  understood that                                                               
it involves two steps, and would  increase to 50 percent from the                                                               
current  30 percent  of the  average weekly  wage and  would stay                                                               
there.                                                                                                                          
                                                                                                                                
Number 2052                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG explained  that there  is a  significant                                                               
"disconnect"  between   the  activities   that  go  on   [at  the                                                               
legislature] and  in the  business community of  this state.   He                                                               
asked Ms. LaBOLLE if  she would agree that it is  in large part a                                                               
fault of  the press  - that  they report  the end  of activities,                                                               
when bills are passed, with the  exception of the budget or a few                                                               
of the "sexier" media issues that get ongoing press.                                                                            
                                                                                                                                
MS. LaBOLLE stated  that people could turn on  the television and                                                               
watch what is going  on if they really care.   Also, she said, it                                                               
behooves anyone,  while the legislature  is in session,  to watch                                                               
what is  going on or at  least have some basic  connection to the                                                               
process.   She  doesn't  absolve her  members,  business, or  any                                                               
citizen  of Alaska  if something  happens to  them because  of an                                                               
action of the legislature that they weren't aware of, she added.                                                                
                                                                                                                                
Number 2149                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG stated  that  the Gavel-to-Gavel  Alaska                                                               
coverage of  this committee numbers  half a dozen times  or less,                                                               
although that is more than in prior years.                                                                                      
                                                                                                                                
REPRESENTATIVE  HALCRO,  returning  attention   to  HB  58,  said                                                               
regardless of the concept of the  bill, Ms. LaBOLLE is opposed to                                                               
the formula theory  whereby the department is  going to establish                                                               
regulations  to figure  how to  revise and  increase the  average                                                               
weekly wage every year; he asked Ms. LaBOLLE if that is correct.                                                                
                                                                                                                                
MS.   LaBOLLE   answered   affirmatively;   she   also   answered                                                               
affirmatively regarding her preference for legislative review.                                                                  
                                                                                                                                
REPRESENTATIVE  CRAWFORD reiterated  that it  wouldn't be  raised                                                               
every  year; this  is  tied  to the  average  weekly wage,  which                                                               
fluctuates,  unlike the  CPI, which  relentlessly moves  forward.                                                               
He said the  average weekly wage has dropped  numerous times over                                                               
the last 20 years.   When he came [to Alaska] in  1975 to work on                                                               
the pipeline,  [Alaska] had  some of the  highest UI  benefits in                                                               
the country,  and over the  years it has  gone down since  it's a                                                               
politicized system, and [Alaska] is now  one of the lowest in the                                                               
country.   If  [Alaska  had  an indicator]  tied  to the  average                                                               
weekly wage,  he explained, the  legislature wouldn't have  to go                                                               
back in  and find out what  the proper wage replacement  ought to                                                               
be.  It is  imperative to tie it to some sort  of formula so that                                                               
the process doesn't  have to been politicized every  two or three                                                               
years.  He said he didn't  know if 50 percent of replacement wage                                                               
is the  proper percentage but  said it  is imperative that  it be                                                               
tied to a formula so it can be flexible, to fit the economy.                                                                    
                                                                                                                                
Number 2300                                                                                                                     
                                                                                                                                
KIM  GARNERO,  Director,  Division   of  Finance,  Department  of                                                               
Administration, said  the fiscal note  is the cost to  the state,                                                               
as an employer,  for the proposed increase in benefits.   She had                                                               
originally  calculated  the impact  on  the  working reserves  by                                                               
assuming that all former state  employees would receive increased                                                               
benefits.    The  DLWD's actuary  analyzed  the  actual  claimant                                                               
information, however,  and found that  only about 60  percent get                                                               
maximum  benefits.   That refined  analysis resulted  in $293,000                                                               
for  the weekly  benefit amount  of  $284, and  $498,000 for  the                                                               
maximum weekly benefit amount of  $320, phased in by fiscal year.                                                               
Following  the  last  committee   meeting,  she  said,  "we"  got                                                               
together and aligned the assumptions.   Using the DLWD's numbers,                                                               
the  state employees  not covered  by the  working reserves  were                                                               
"backed  out";  the DLWD's  original  numbers  covered the  whole                                                               
state including the  University of Alaska, the  railroad, and the                                                               
Alaska Housing Finance Corporation  (AHFC), which are not covered                                                               
by the working reserves.                                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG said  the mathematical  formula cut  the                                                               
fiscal  note for  2002  by over  60 percent,  instead  of the  40                                                               
percent; is that because of  the actuarial formulation, he asked.                                                               
He clarified that  he is referring to the change  between 2002 in                                                               
the original  fiscal note of  $295,000 down to $95,000,  which is                                                               
$200,000 less.                                                                                                                  
                                                                                                                                
Number 2419                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI said the University  of Alaska, the railroad, and                                                               
AHFC were "backed out."                                                                                                         
                                                                                                                                
MS.  GARNERO  explained  that  the   original  numbers  were  too                                                               
simplistic and she  feels much better with  the actuary's numbers                                                               
going into the fiscal note.                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO referred to  the analysis notes provided by                                                               
Ms. Garnero.   He asked  if there were  fiscal notes from  any of                                                               
the other agencies.                                                                                                             
                                                                                                                                
MS. GARNERO replied that she  had spoken with the payroll manager                                                               
and the human resources manager  last Friday in Fairbanks [at the                                                               
university],  but it  was the  beginning of  spring break.   "We"                                                               
sent them  the information, she said,  and will get on  the phone                                                               
with them upon returning to the office.                                                                                         
                                                                                                                                
TAPE 01-39, SIDE B                                                                                                              
Number 2442                                                                                                                     
                                                                                                                                
ROYCE ROCK,  Business Manager, Carpenters  Union Local  1281, via                                                               
teleconference, spoke  in support of  HB 58.  The  Western Alaska                                                               
Building Construction  Trades Council,  he said, brought  this as                                                               
one  of  its main  items  to  focus  on during  this  legislative                                                               
session.  He said the UI benefit  is just not enough to cover the                                                               
bills, and people are forced to go outside of Alaska.                                                                           
                                                                                                                                
REPRESENTATIVE HALCRO  asked Mr. Rock  to outline how  UI affects                                                               
his carpenters.                                                                                                                 
                                                                                                                                
MR.  ROCK estimated  that in  the  wintertime 60  percent of  the                                                               
membership is drawing  UI.  He said [UI] isn't  something to make                                                               
one whole,  but is something to  get one through the  hard times.                                                               
He  pointed out  that  Alaska  is number  50  out  of 50  [states                                                               
regarding   benefits],  when   Alaska  is   normally  a   leader.                                                               
Regarding the  issue of  going up to  50 percent  replacement [of                                                               
the average  weekly wage], Mr.  Rock said the  federal guidelines                                                               
are  at 50  percent,  and  this just  shows  how  far behind  the                                                               
"curve" [Alaska  has] been for  many years.   He said  maybe what                                                               
should be  looked at is  how much money  was saved by  not having                                                               
[Alaska's UI benefits] up where they should have been.                                                                          
                                                                                                                                
REPRESENTATIVE  HALCRO asked  Mr.  Rock if  the  majority of  the                                                               
members stay here  and wait for work or go  south looking to work                                                               
there.                                                                                                                          
                                                                                                                                
MR. ROCK  remarked that most  of them would  try to stay  here if                                                               
possible because  a person must  be in-state to sign  the out-of-                                                               
work list; if a  person wants to go to work  in early spring, the                                                               
only way that person  is going to get to the top  of that list is                                                               
by physically being  here to sign the list.   He said if finances                                                               
were hit hard,  a person would have to leave  the state; however,                                                               
it sets the person back even more when returning in the spring.                                                                 
                                                                                                                                
REPRESENTATIVE CRAWFORD asked Mr. Rock  if he's ever had any out-                                                               
of-state workers  ask him what  Alaska's UI benefits  were before                                                               
making the decision whether to come up or not.                                                                                  
                                                                                                                                
Number 2337                                                                                                                     
                                                                                                                                
MR. ROCK replied in the negative.                                                                                               
                                                                                                                                
MS. GAMEZ  continued with her  comments.  She announced  that the                                                               
DLWD is  going to be  having a "UI 101"  session to take  some of                                                               
the mystery  out of this.   She  clarified that the  current wage                                                               
replacement is 38.8 percent; the  reason [the DLWD] wanted to tie                                                               
this to the indicator, the average  weekly wage, is because if it                                                               
were tied to  the CPI, it would  always go up.  In  1995 and 1996                                                               
it  would have  gone down,  she said,  had this  formula been  in                                                               
place.   In addition, $10  million [in  taxes on employers]  is a                                                               
lot of money,  but it would be over a  seven-year period of time,                                                               
not  something that  would happen  in one  or two  years.   It is                                                               
something that is easier to manage  than a big jump, and it would                                                               
then fluctuate with the economy.                                                                                                
                                                                                                                                
Number 2192                                                                                                                     
                                                                                                                                
MS.  GAMEZ  explained  that  the   UI  fund  doesn't  "ding"  the                                                               
employers when the  economy is down; the trust  fund reserves are                                                               
at  a level  where benefits  can  be paid  without impacting  the                                                               
employers at  that point in  time.  It really  self-balances, she                                                               
said.   Regarding the dependent  allowance, she said  [Alaska] is                                                               
one of four states with this  allowance.  Twelve or fifteen years                                                               
ago, "they"  tried to get rid  of the allowance, and  it ended up                                                               
going  up substantially  per  dependent.   Per  claim, she  said,                                                               
Alaska's  average dependent  allowance is  $20.21, so  the impact                                                               
isn't  that great;  when looking  at  the charts  and graphs,  it                                                               
doesn't have a significant impact on them at all.                                                                               
                                                                                                                                
MS. GAMEZ stated that in  terms of the high-turnover occupations,                                                               
[the  department] thinks  that tying  the maximum  weekly benefit                                                               
amount  to  the  average  weekly  wage  does  allow  an  accurate                                                               
accountability of what is happening in  the state.  The CPI would                                                               
always go up, and [the DLWD]  thought this was a reasonable thing                                                               
to do; 35 states have it  tied to some sort of indicator, whether                                                               
it is  the average weekly wage,  the CPI, or something  else.  It                                                               
is  self-adjusting,  rather  than  putting  a  static  number  in                                                               
statute.  She  said it would be  nice to keep more  people in the                                                               
state  during the  wintertime so  that employers  have a  pool of                                                               
trained workers to draw from when the busy season starts up.                                                                    
                                                                                                                                
REPRESENTATIVE HALCRO mentioned that  Ms. LaBOLLE had stated that                                                               
she was worried  about the effect of an [economic  downturn].  He                                                               
referred  to  page  7,  subsection  (k) of  the  bill,  where  it                                                               
outlines exactly  how [the  DLWD] is  going to  come up  with the                                                               
average  annual  wage on  a  yearly  basis.    He noted  that  it                                                               
determines the  average annual  wage based  on the  preceding 12-                                                               
month  period.   The  gas pipeline,  if  developed, would  create                                                               
thousands  of new  jobs, he  noted, and  the average  weekly wage                                                               
would go through  the "roof" because of this one  spike.  Now the                                                               
project is gone  and suddenly the average wage  is [high] because                                                               
the last 12  months are being looked at.   That isn't a realistic                                                               
assessment of the  current wage, he said, and asked  if there are                                                               
any protections that address this.                                                                                              
                                                                                                                                
MR. HULL  referred to chart  4, entitled "Estimated Max  Cost per                                                               
Worker for Average Employer (5  years to reach cost of proposal)"                                                               
from the  committee's packet.  He  stated that the trust  fund is                                                               
not set  up to  react quickly,  and in  this particular  case, if                                                               
this were  passed in 2002,  the full  impact wouldn't be  felt by                                                               
the employer until 2007.                                                                                                        
                                                                                                                                
REPRESENTATIVE  HALCRO stated  that if  [the legislature]  adopts                                                               
this legislation,  a method would be  set in motion by  which the                                                               
DLWD can  review the  average weekly wage  every year,  look back                                                               
over the  last 12 months,  and decide to  set the next  12 months                                                               
based on that.  He asked  what [methodology was used] for setting                                                               
the average weekly wage.                                                                                                        
                                                                                                                                
Number 1978                                                                                                                     
                                                                                                                                
CHUCK  BLANKENSHIP, Assistant  Director,  Division of  Employment                                                               
Security, Department  of Labor and Workforce  Development (DLWD),                                                               
responded that the  "look-back" is based on the  average wages in                                                               
the  state  for the  previous  state  fiscal  year, which  is  as                                                               
current as  it gets.   Each December,  he said, that  same period                                                               
would be looked at again, and  if there were an increase in wages                                                               
one year,  the benefit  amount would  go up;  if the  increase in                                                               
wages had been transitory and  disappeared the following January,                                                               
however, the benefit amount could drop back down.                                                                               
                                                                                                                                
MR.  BLANKENSHIP,  referring  to  a  packet  given  to  committee                                                               
members the week before, pointed out that a chart showed a 12-                                                                  
year  period of  increases to  50 percent  of the  average weekly                                                               
wage, which  he pointed out is  a fairly flat graph;  there was a                                                               
drop in  1995 and 1996,  and had [Alaska's] maximum  benefit been                                                               
tied to  50 percent  of the  average weekly  wage, it  would have                                                               
actually decreased  at that  point.  During  this period  of time                                                               
[the Department of  Labor] came to the legislature  asking for an                                                               
increase in the maximum benefit amount  of $60.  During that same                                                               
period of  time, had [Alaska]  been tied  to the 50  percent wage                                                               
replacement, the increases would have been $32.                                                                                 
                                                                                                                                
Number 1946                                                                                                                     
                                                                                                                                
MR. BLANKENSHIP explained that the  increases gained by coming to                                                               
the legislature  and asking for them  had caused more of  a spike                                                               
and  had a  more  significant  impact on  the  employer tax  rate                                                               
because it  took effect  right away.   It might  not have  had an                                                               
impact at  all, depending on  the solvency  of the trust  fund at                                                               
the time.   He said  the actuary was  telling him that  given the                                                               
picture of employment growth in  the state now and the relatively                                                               
fair economy, the  projected rate increases for the  next five or                                                               
six years may not even occur.                                                                                                   
                                                                                                                                
REPRESENTATIVE HALCRO noted that  it clearly states the following                                                               
[subsection (h)]  on page 6 of  the bill: "if the  average weekly                                                               
wage in  this state,  calculated under (k)  of this  section, has                                                               
increased by  an increment amount  established by  the department                                                               
in the  regulations."   He pointed  out that  it talks  about how                                                               
[the  department]   accounts  for  increases,  but   doesn't  say                                                               
anything about when the average weekly wage "bottoms out."                                                                      
                                                                                                                                
Number 1807                                                                                                                     
                                                                                                                                
MR. BLANKENSHIP  read in part  from subsection (j), page  7, "The                                                               
commissioner shall report to the  governor and the legislature if                                                               
the average  weekly wage  in this state  decreases to  the extent                                                               
that an  adjustment in weekly benefit  amounts set in (d)  ... is                                                               
appropriate for the  proper administration".  He  said [the DLWD]                                                               
was advised by the Office  of the Attorney General that decreases                                                               
would have to  be done with proper notice to  the governor and to                                                               
the legislature,  which is why  subsection (j)  is in there.   He                                                               
said the key point in  the proposed language under subsection (h)                                                               
is that  this law would  set forth  that the methodology  may not                                                               
result in  a new  weekly benefit amount  that exceeds  50 percent                                                               
replacement of  the average weekly  wage.  So if  the calculation                                                               
were to  come up with an  average weekly wage that  was more than                                                               
twice what  the existing  benefit amount  would be,  this statute                                                               
would  prevent [the  DLWD] from  paying a  replacement [wage]  of                                                               
greater than 50 percent.                                                                                                        
                                                                                                                                
Number 1746                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO   referred  to  page  6,   line  16,  "The                                                               
department shall adopt regulations  to establish a methodology to                                                               
calculate new amounts that increase  the highest weekly benefit".                                                               
He said  this doesn't  say that new  amounts will  be calculated,                                                               
but  specifically  talks  about  an increase.    And  he  doesn't                                                               
believe it addresses how decreases  will be dealt with other than                                                               
reporting them back to the legislature and the governor.                                                                        
                                                                                                                                
Number 1713                                                                                                                     
                                                                                                                                
MR. BLANKENSHIP explained that in  his understanding the language                                                               
prohibiting those  increases from being  in excess of  50 percent                                                               
of the average weekly wage would  also require [the DLWD] to look                                                               
at  decreases.   He stated  that  the first  section extends  the                                                               
benefit schedule  to $284 and  is "hard-coded";  however, nothing                                                               
from  $284 [forward]  is then  "hard-coded" -  it is  a new  game                                                               
every year  based on 50 percent  of the average weekly  wage, but                                                               
just extends  the schedule up to  that point.  So  there would be                                                               
no  formal benefit  schedule in  place until  the average  weekly                                                               
wage is calculated and the new maximum set.                                                                                     
                                                                                                                                
MR. HULL referred  to page 5 of the bill  and said the increments                                                               
for the first year go up to  $284, but uses the same formula, the                                                               
$250  increments to  the  $2  increase in  benefits  to the  $320                                                               
amount and doesn't allow it to go over $320 by regulation.                                                                      
                                                                                                                                
CHAIR MURKOWSKI  asked for  clarification that  it could  go over                                                               
$320 as long  as the average weekly  wage is not in  excess of 50                                                               
percent.                                                                                                                        
                                                                                                                                
MR. HULL answered  affirmatively and said it could  go under that                                                               
amount, too,  but stays with the  50 percent.  What  it is saying                                                               
is that it can't  go over 50 percent.  He  clarified that line 16                                                               
refers to an extension  of the formula on page 5,  out to $320 in                                                               
the second year.                                                                                                                
                                                                                                                                
Number 1578                                                                                                                     
                                                                                                                                
CHAIR  MURKOWSKI  asked about  the  "magic"  behind the  numbers.                                                               
Right now [Alaska] is at $248,  she said, and under this proposal                                                               
would go to $284 and then to $320 in the subsequent year.                                                                       
                                                                                                                                
MR.  BLANKENSHIP commented  that [the  DLWD] currently  knows the                                                               
average weekly wage,  50 percent of which  would be approximately                                                               
$320 or $318.                                                                                                                   
                                                                                                                                
CHAIR MURKOWSKI  stated that according  to the chart  provided by                                                               
[the DLWD],  the average weekly  wage in  1999 was $639.50.   She                                                               
asked for clarification  that 50 percent of that is  taken to get                                                               
to the $320, which is where [the DLWD] wants to be in two years.                                                                
                                                                                                                                
Number 1525                                                                                                                     
                                                                                                                                
MR. BLANKENSHIP  clarified that  he thought the  $284 was  just a                                                               
midpoint to  avoid putting  the full  increase in  one year.   He                                                               
said regarding the  $620 average weekly wage,  the actuaries feel                                                               
that the 1999  figure is relatively "flat," the same  as for 2000                                                               
and 2001.                                                                                                                       
                                                                                                                                
CHAIR MURKOWSKI  referred to the  dependent allowance.   She said                                                               
she's heard that between four and  six states allow for this.  In                                                               
the  documentation  supplied  by  the  division,  she  said,  she                                                               
understood that there is an allowance  of $24 per dependent for a                                                               
maximum of three  dependents.  And the average  weekly amount for                                                               
the  dependent  allowance  averaged  over all  the  claimants  is                                                               
$20.21.   She asked  if she  is comparing  "apples to  apples" in                                                               
saying  that if  taking the  current amount  of $248,  and adding                                                               
$20.21,   which  is   the  average   overall  [for   a  dependent                                                               
allowance], the weekly benefit amount is not $248, but $268.                                                                    
                                                                                                                                
Number 1443                                                                                                                     
                                                                                                                                
MR. BLANKENSHIP  replied that  it is  an awkward  statement since                                                               
only 45 percent  of the claimants receive  a dependent allowance.                                                               
So as far as the statement goes,  it would be correct to say that                                                               
averaged over  the entire  population it  would be  an additional                                                               
$20.21 per  claimant per  week; however, over  50 percent  of the                                                               
people are not  getting that, which is why [the  DLWD] decided to                                                               
stay with  the maximum  weekly benefit  amount as  something that                                                               
could be compared among the entire population.                                                                                  
                                                                                                                                
MR.  HULL explained  that if  a person  were getting  the maximum                                                               
benefit amount, then  Chair Murkowski's aforementioned statements                                                               
would be correct;  however, not everyone gets  the maximum weekly                                                               
benefit amount.   He added  that the  $248 is the  maximum weekly                                                               
benefit amount, not the average.                                                                                                
                                                                                                                                
Number 1396                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked for clarification that  the $20.21                                                               
is the average for all the claimants.                                                                                           
                                                                                                                                
MR. BLANKENSHIP  answered affirmatively.  And  of those claimants                                                               
receiving a  dependent allowance, the  average is about  $40.00 a                                                               
week.  Responding  to a question about whether 45  percent of the                                                               
claimants receive this allowance,  Mr. Blankenship stated that he                                                               
believed this to be correct.                                                                                                    
                                                                                                                                
REPRESENTATIVE  HALCRO stated  that according  to the  fact sheet                                                               
entitled "Q&A's"  supplied by the department,  the average weekly                                                               
amount  paid to  claimants  for  dependents is  $44.94.   And  in                                                               
Alaska  approximately  44.5  percent  of  the  claimants  receive                                                               
dependent  allowances.   He asked  what percentage  of interstate                                                               
claimants claim dependents.                                                                                                     
                                                                                                                                
Number 1218                                                                                                                     
                                                                                                                                
MR.  BLANKENSHIP clarified  that  [Alaska] is  one  of 12  states                                                               
[that pay a dependent allowance].   He responded that in studying                                                               
that,  [the DLWD]  has found  that  there is  generally a  lesser                                                               
amount of dependent allowance going  out of state than staying in                                                               
the state.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG asked  if there is any  way that [Alaska]                                                               
could  deny the  allowance for  out-of-state claimants  and still                                                               
stay within the federal guidelines.                                                                                             
                                                                                                                                
MR. BLANKENSHIP  responded in  the negative.   He stated  that he                                                               
believed  the numbers  given  in the  handout  for the  dependent                                                               
allowance were  spread over  the entire  population, both  in and                                                               
out of state; and there is  a slightly higher percentage of rural                                                               
claimants receiving the dependent allowance.                                                                                    
                                                                                                                                
REPRESENTATIVE HALCRO asked what  the highest unemployment [rate]                                                               
on a yearly basis is.                                                                                                           
                                                                                                                                
Number 1146                                                                                                                     
                                                                                                                                
MR.  BLANKENSHIP  verified that  it  would  be  around 6.9  or  7                                                               
percent.   He explained that  [Alaska] just "triggered"  onto the                                                               
federal  extended  benefit  program   on  March  10,  2001,  that                                                               
required a  state-insured unemployment rate  of 6 percent.   [The                                                               
department] doesn't believe  that it is going to be  up that high                                                               
for  more  than three  months.    January  and February  are  the                                                               
highest  claimant  months,  he  said; Alaska  didn't  hit  the  6                                                               
percent this  year until  the second or  third week  in February,                                                               
and he thinks it will end in May.   The economy has been good, UI                                                               
is low,  and the  employment picture  overall has  been expanding                                                               
the last several years, he remarked.                                                                                            
                                                                                                                                
CHAIR MURKOWSKI pointed out that  Mr. Rock had indicated that the                                                               
desired goal  with the federal  wage [replacement] is  50 percent                                                               
of  the  average  weekly  wage.     She  said  according  to  the                                                               
[department's] chart,  [Alaska] is at  46 percent, and  she asked                                                               
if there is a federal statute that indicates this.                                                                              
                                                                                                                                
MR. BLANKENSHIP remarked that the  program has been around for 65                                                               
years and some  of this information isn't  in federal regulation.                                                               
The  program guidelines  over the  past 25  years, he  said, have                                                               
been  that a  50 percent  wage replacement  is desirable  for the                                                               
majority of those people receiving  benefits.  The last guideline                                                               
that  [the department]  saw that  came  out in  writing from  the                                                               
United States Department of Labor  (USDOL) was in response to its                                                               
need to  come up  with performance  standards for  the Government                                                               
Performance Results Act.   One of the standards  that [the USDOL]                                                               
has asked  the states to  shoot for  is a maximum  weekly benefit                                                               
amount approaching 75 percent of the average weekly wage.                                                                       
                                                                                                                                
Number 1009                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked for  the nominal  dollar increases                                                               
and the percentage against the base  of the increases made by the                                                               
legislature in  1984, 1990,  and 1996, which  are the  last three                                                               
increases  that [Alaska]  had, which  went into  effect in  1985,                                                               
1991, and 1997.                                                                                                                 
                                                                                                                                
MR. BLANKENSHIP stated  that the dollar amounts  of the increases                                                               
in 1980, 1981, and 1982 in  [Alaska] were $150; the next increase                                                               
was to $156; the increase in 1985  was to $188; in 1991, to $212;                                                               
and in 1997, to $248.                                                                                                           
                                                                                                                                
REPRESENTATIVE HALCRO referred to  chart 2.1, entitled "Amount of                                                               
UI Payments, Regular Benefits 1985-1999."   He asked if this is a                                                               
"look-back," had this bill been adopted years ago.                                                                              
                                                                                                                                
Number 0853                                                                                                                     
                                                                                                                                
MR. HULL  commented that  this was not  the chart  being referred                                                               
to,  and remarked  that it  was in  the handout  provided to  the                                                               
committee on  [March 9, 2001]  entitled "Alaska's  Maximum Weekly                                                               
Benefit   Amount  Compared   with  50   Percent  Average   Weekly                                                               
Earnings".                                                                                                                      
                                                                                                                                
MR.  BLANKENSHIP  added  that it  reflected  an  11-year  period.                                                               
Responding to  the question as  to why [the division]  feels that                                                               
if this  formula had been  in place  years ago, there  would have                                                               
been a  decline, Mr.  Blankenship stated  that with  the multiple                                                               
periods in-between  increases -  for which [the  department] came                                                               
back to the legislature and asked  for increases - the state kept                                                               
playing  catch-up after  falling behind.   And  because of  that,                                                               
during the  decade of  the 1990s, [the  department] asked  for an                                                               
increase  of $60.   Referring  to a  chart supplied  by the  DLWD                                                               
entitled "Number  of two dollar  increases in Calculation  of 50%                                                               
Average Weekly Earnings," he said  had [Alaska] already been tied                                                               
into  a percentage  of  the  average weekly  wage  for a  maximum                                                               
benefit  amount,  [Alaska]  would   have  increased  the  maximum                                                               
benefit  amount  by $32,  with  less  dramatic increases  in  tax                                                               
rates.                                                                                                                          
                                                                                                                                
Number 0667                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI stated  that the bill would be  held over because                                                               
she is concerned  about the "double-jump" and the  "tie-in."  She                                                               
said recognizing  the impact to  employers and how they  have not                                                               
given input,  she isn't sure if  they are not concerned  about it                                                               
or don't understand the full extent of the issue.                                                                               
                                                                                                                                
[HB 58 was held over.]                                                                                                          

Document Name Date/Time Subjects