Legislature(2007 - 2008)CAPITOL 17

03/31/2008 03:00 PM House LABOR & COMMERCE


Download Mp3. <- Right click and save file as

Audio Topic
03:04:15 PM Start
03:04:27 PM SB120
03:37:23 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 120 UNEMPLOYMENT COMP: BENEFITS/RECORDS TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
SB 120-UNEMPLOYMENT COMP: BENEFITS/RECORDS                                                                                    
                                                                                                                                
3:04:27 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  only order of business  would be                                                               
CS FOR SENATE  BILL NO. 120(FIN), "An Act  relating to disclosure                                                               
of  certain information  from the  records of  the Department  of                                                               
Labor  and Workforce  Development  and limiting  the  use of  the                                                               
disclosed  information, and  to  the calculation  and payment  of                                                               
unemployment   compensation  benefits;   and  providing   for  an                                                               
effective date."                                                                                                                
                                                                                                                                
3:04:37 PM                                                                                                                    
                                                                                                                                
DANA  OWEN,   Staff  to  Senator   Johnny  Ellis,   Alaska  State                                                               
Legislature,  on behalf  of  the sponsor,  the  Senate Labor  and                                                               
Commerce Committee,  stated that SB  120 would raise  the maximum                                                               
weekly   benefit   amount    for   the   unemployment   insurance                                                               
compensation benefits, which has not  been raised since 1977.  He                                                               
said  that SB  120 is  a compromise  bill such  that each  of the                                                               
parties who  worked on SB  120 has some reservations  about parts                                                               
of the bill.  The parties  support SB 120 since the bill attempts                                                               
to address the issues raised by  management and labor.  This bill                                                               
would  raise  the  maximum  weekly  unemployment  insurance  (UI)                                                               
benefit  amount from  $248 per  week  to $370,  which will  place                                                               
Alaska at the median level  nationwide.  He outlined some issues,                                                               
pointing  out   that  labor  management  supported   raising  the                                                               
unemployment benefit  to help people  remain in  their community,                                                               
in Alaska,  and because the  "right thing  to do."   The business                                                               
community  agreed  that  it  was  time to  raise  the  amount  of                                                               
unemployment insurance benefits.  They  argued that the system is                                                               
too costly and worked to make SB 120 "cost neutral."                                                                            
                                                                                                                                
3:08:14 PM                                                                                                                    
                                                                                                                                
MR.  OWEN  explained  that  although the  state  lags  behind  in                                                               
recipient  benefits,  Alaska  also  ranks among  the  highest  in                                                               
unemployment benefit costs in the  nation, he noted.  He surmised                                                               
that SB 120  does not meet the goal of  being "cost neutral," but                                                               
that the bill comes as close to  the goal as is practicable.  The                                                               
Senate Labor  & Commerce committee  worked to lower the  costs of                                                               
the  overall system,  he  said.   However,  the  system has  some                                                               
structural issues  due to  a large  number of  seasonal employees                                                               
that drive unemployment insurance (UI) costs up.                                                                                
                                                                                                                                
3:09:37 PM                                                                                                                    
                                                                                                                                
MR. OWEN stated that SB 120  shifts costs away from businesses to                                                               
employees in two  ways:  Currently, 80 percent of  the cost of UI                                                               
is covered by  employers and 20 percent is  covered by employees.                                                               
He highlighted that  Alaska is one of two states  that assess the                                                               
UI, but that two additional states  have the ability to assess UI                                                               
"on the books" but don't apply it.                                                                                              
                                                                                                                                
MR. OWEN  noted that SB  120 would change the  proportional shift                                                               
of UI  by reducing  the amount  to 73  percent for  employers and                                                               
increasing  the amount  to 27  percent for  employees.   He noted                                                               
that the  Senate Finance Committee  added provisions to  phase in                                                               
those amounts  over a two  year period,  but the result  is still                                                               
the same.   He said that the  second thing SB 120  does to reduce                                                               
cost  to  employers  is  to   increase  the  amount  of  earnings                                                               
necessary  during the  qualifying period  from $1,000  to $2,500.                                                               
He noted that the qualifying  earnings have not been raised since                                                               
the  1970s.   He  surmised  that people  support  the bill  since                                                               
addressing UI  benefits is  something that needs  to be  done and                                                               
the bill represents a good faith effort.                                                                                        
                                                                                                                                
3:11:06 PM                                                                                                                    
                                                                                                                                
MR. OWEN  referred to items in  the packet:  A  letter from Wayne                                                               
Stevens,  Alaska Chamber  of Commerce,  offers  supports SB  149,                                                               
although not enthusiastically.  An  item labeled, "Key Vote" from                                                               
to  the  National Federation  of  Independent  Business -  ALASKA                                                               
(NFIB), also  offers support for  SB 120.   He referred to  a bar                                                               
chart  labeled, "Unemployment  Insurance  Maximum Weekly  Benefit                                                               
                                                       th                                                                       
Amount  by State",  which  notes that  Alaska  ranks 48   in  the                                                               
nation.    He referred  to  a  chart labeled,  "Alaska's  Maximum                                                               
Weekly  Benefit  Unemployment  insurance,   1966  to  2006"  that                                                               
demonstrates that this  is the longest period of  time without an                                                               
increase  to the  maximum weekly  benefit amount  allowable.   He                                                               
referred to  a chart,  labeled, "Average-Wage  Replacement Rates"                                                               
that lists  Alaska at 25.8  percent while the  average nationwide                                                               
is at  34.6 percent.   The UI system  was intended to  replace 50                                                               
percent of  wages when  a person loses  his/her job,  he offered.                                                               
While no state has reached the  benchmark, Alaska is dead last at                                                               
25.8 percent,  he highlighted.   He referred to a  chart, labeled                                                               
"Estimated Annual  Unemployment Insurance  Employee Tax  Cost, if                                                               
the  Maximum  Weekly Benefit  Amount  (MWBA)  increases to  $370,                                                               
effective January  2009," which  he said demonstrates  the effect                                                               
of  bill   on  employees.     He   noted  the   current  employee                                                               
contribution is set at $157 annually.   Under SB 120, that amount                                                               
would  rise  to  $194  in  2013   when  SB  149  would  be  fully                                                               
implemented,  which  represents  a  $37  increase  overall.    He                                                               
referred to a  chart labeled, "Estimated Maximum  Cost per Worker                                                               
for  Average  Employer"  that  shows   the  projected  effect  on                                                               
employers  for  estimated tax  contributions  per  employee.   He                                                               
explained  that  the amount  employers  paid  was $584  in  2007,                                                               
dropped to $470 in  2008 and is expected to rise  to $495 in 2014                                                               
under the  provisions in proposed  SB 120.  He  characterized the                                                               
UI Trust Fund as a well managed UI Trust Fund.                                                                                  
                                                                                                                                
3:16:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH asked for the  total amount that is currently                                                               
in the UI Trust Fund.                                                                                                           
                                                                                                                                
MR.  OWEN pointed  out that  Mr. Wilson  would testify  and could                                                               
answer  any   technical  questions.    In   further  response  to                                                               
Representative Buch, Mr. Owen answered  that four states have the                                                               
authority  to  assess  employees  a  fee,  but  only  two  states                                                               
currently assess  a fee.   In further response  to Representative                                                               
Buch, Mr.  Owen advised that he  did not know the  UI percentages                                                               
assessed in the other states.                                                                                                   
                                                                                                                                
3:17:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER inquired  as  to  whether the  qualifying                                                               
amount that  would be raised from  $1,000 to $2,500 in  SB 120 is                                                               
an adjusted dollar amount.                                                                                                      
                                                                                                                                
MR.  OWEN  answered that  the  qualifying  amount is  in  nominal                                                               
dollars and not in adjusted dollars.                                                                                            
                                                                                                                                
REPRESENTATIVE NEUMAN  referred to the sponsor's  statement which                                                               
mentions that SB  120 adds language that protects  the privacy of                                                               
individuals claiming UI benefits.   He asked for clarification of                                                               
any items not currently required by federal law.                                                                                
                                                                                                                                
MR. OWEN answered  that the confidentiality provisions  in SB 120                                                               
are  based  precisely on  federal  government  requirements.   In                                                               
further response  to Representative  Neuman, Mr. Owen  noted that                                                               
Sections  1-8  of  the  bill   provide  for  the  confidentiality                                                               
provisions.   He  elaborated that  Section 1  clarifies that  the                                                               
Department  of  Labor  & Workforce  Development  (DLWD)  may  not                                                               
release UI information to a  person for a civil or administrative                                                               
matter for  purposes not directly  involving the  presentation or                                                               
protest of  a claim  under state  law.  He  noted that  Section 2                                                               
would allow  disclosure of  UI information  to the  United States                                                               
Secretary of Health  and Human Services for the  purpose of child                                                               
support enforcement.                                                                                                            
                                                                                                                                
3:20:59 PM                                                                                                                    
                                                                                                                                
MR.  OWEN, in  response to  Representative Neuman,  answered that                                                               
the pressure  from the federal  government is the impetus  for SB
120.   He  offered  his  understanding that  the  state may  face                                                               
severe penalties if it does not  amend its UI statutes by October                                                               
2008, among  those would be  a loss  of $19.1 million  in federal                                                               
payments to the state and  potentially costs of an additional $87                                                               
million to employers.                                                                                                           
                                                                                                                                
3:21:50 PM                                                                                                                    
                                                                                                                                
DON ETHERIDGE,  Lobbyist, Alaska  State AFL-CIO, stated  that the                                                               
AFL-CIO supports  SB 120.   While he  opined that the  AFL-CIO is                                                               
not totally happy  with the final negotiations,  that it supports                                                               
the bill and stands by the negotiations.                                                                                        
                                                                                                                                
WAYNE STEVENS, President, CEO, Alaska  State Chamber of Commerce,                                                               
stated that  the State Chamber of  Commerce supports SB 120.   He                                                               
characterized SB 120 as a compromise  bill that helps keep the UI                                                               
taxes down.  He urged members to support SB 120.                                                                                
                                                                                                                                
3:23:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  noted   that   members  heard   earlier                                                               
testimony that rates  are higher due to the  seasonal work force.                                                               
She  inquired  as to  whether  other  states with  seasonal  work                                                               
forces struggle with UI costs.                                                                                                  
                                                                                                                                
MR.  STEVENS  answered  that  seasonality is  an  issue  in  many                                                               
states.   He pointed out  that the  taxable wage level,  which is                                                               
the amount the employer's assessment  is based on, was $19,200 in                                                               
the 1980, but  is currently set at $31,300.   However, during the                                                               
same  period of  time  the amount  the  employer contributes  has                                                               
risen while the benefit amount has not been increased.                                                                          
                                                                                                                                
3:24:47 PM                                                                                                                    
                                                                                                                                
MR.  STEVENS, in  response  to  Representative Neuman,  explained                                                               
that SB  120 was a  thorough process undertaken during  last year                                                               
and both  sides raised issues.   The process led to  a compromise                                                               
that  reaches the  goal of  increasing the  benefit and  ensuring                                                               
that the state is in compliance  with federal law.  He noted that                                                               
the state  could lose $130  million in funding and  expressed his                                                               
concern  that those  costs  would  be shifted  to  business.   He                                                               
characterized the  process as one  with "good give and  take from                                                               
all parties."   He said that  "everyone can walk out  of the room                                                               
and say that  we've done what we  set out to do,  keep costs down                                                               
and increase the weekly benefit  amount."  In further response to                                                               
Representative  Neuman,  Mr. Stevens  stated  that  there were  a                                                               
number of organizations that represented  the perspectives of the                                                               
employee and the employer.                                                                                                      
                                                                                                                                
3:27:19 PM                                                                                                                    
                                                                                                                                
PAULA  SCAVERA, Legislative  Liaision; Special  Assistant, Office                                                               
of the Commissioner, Department  of Labor & Workforce Development                                                               
(DLWD),  in response  to Representative  Buch,  replied that  the                                                               
other state that assesses an  employee unemployment insurance tax                                                               
is  New Jersey  and  by statute  that amount  is  set at  $101.25                                                               
annually per employee.                                                                                                          
                                                                                                                                
3:28:43 PM                                                                                                                    
                                                                                                                                
MS. SCAVERA,  in response to Representative  Buch, clarified that                                                               
the  $101.25  is  the  entire unemployment  tax  amount  that  an                                                               
employee in New  Jersey would pay for  the unemployment insurance                                                               
tax program.   In  further response  to Representative  Buch, Ms.                                                               
Scavera  stated  that she  thought  the  UI Trust  fund  contains                                                               
approximately  $230  million,  which  she  opined  is  a  healthy                                                               
figure.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GARDNER  inquired as to whether  the seasonal work                                                               
force  in  other  states  results in  a  burdensome  employer  UI                                                               
assessment rate.                                                                                                                
                                                                                                                                
MS.  SCAVERA   answered  that  Arizona   has  a   large  seasonal                                                               
workforce, but only pay $240,  which is lower than Alaska's rate,                                                               
but she noted  its rules for qualifying varies from  Alaska.  She                                                               
related  that  she  attends  an  annual meeting  on  UI  and  has                                                               
discovered that the  rates and rules between states  varies so it                                                               
is difficult to compare costs and rates for UI in other states.                                                                 
                                                                                                                                
3:31:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  related  her understanding  that  Alaska                                                               
faces  long   standing  issues   with  respect   to  unemployment                                                               
insurance such  that employers feel  burdened and  that employees                                                               
receive a lower  rate of compensation than in other  states.  She                                                               
inquired as  to whether  the reason  is due  to a  large seasonal                                                               
workforce.                                                                                                                      
                                                                                                                                
3:32:10 PM                                                                                                                    
                                                                                                                                
JIM  WILSON, Actuary,  Division of  Employment Security,  Central                                                               
Office,  Department  of  Labor &  Workforce  Development  (DLWD),                                                               
stated that  20 years ago,  Alaska had a larger  construction and                                                               
transportation industry,  which resulted in a  greater percent of                                                               
the total  economy.   However, seasonality is  less of  an impact                                                               
now than it was 20 years  ago, although it still represents a big                                                               
component, he said.  Alaska's  economy has grown considerably and                                                               
the trades have matured, he opined.   Thus, the trade and service                                                               
industries  offer more  year round  employment than  ever before.                                                               
However, the seasonal component is  still a factor in higher cost                                                               
of Alaska's system.                                                                                                             
                                                                                                                                
3:33:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  affirmed the  seasonal aspect  of Alaska's                                                               
labor  force.    He  related  his  own  business  experiences  in                                                               
Fairbanks  such that  he employs  200  year round,  but that  his                                                               
labor force  swells to 300  in the  summer.  He  also highlighted                                                               
that due  to new  techniques such as  "tenting" buildings  in the                                                               
winter  that some  industries such  as the  construction industry                                                               
can operate all year.                                                                                                           
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on SB 120.                                                                                     
                                                                                                                                
3:37:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  moved to report  the CSSB 120(FIN)  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  120(FIN)  was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  

Document Name Date/Time Subjects