Legislature(2021 - 2022)BARNES 124

03/29/2021 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 117 EXTEND BOARD OF DIRECT-ENTRY MIDWIVES TELECONFERENCED
Moved HB 117 Out of Committee
*+ HB 111 DENTAL HYGIENIST ADVANCED PRAC PERMIT TELECONFERENCED
Heard & Held
*+ HB 151 UNEMPLOYMENT BENEFITS FOR COVID-19 TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
           HB 151-UNEMPLOYMENT BENEFITS FOR COVID-19                                                                        
                                                                                                                                
4:33:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced  that the next order  of business would                                                               
be HOUSE BILL NO. 151,  "An Act relating to unemployment benefits                                                               
during a period  of state or national emergency  resulting from a                                                               
novel coronavirus disease (COVID-19)  outbreak; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
4:34:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ,  as prime  sponsor, introduced  HB 151.   She                                                               
explained  that   the  proposed  legislation  would   extend  the                                                               
provisions under  House Bill  308, passed  in March  2020, during                                                               
the  Thirty-First Legislative  Session,  and  which provided  for                                                               
temporary  changes   to  Alaska's  unemployment   insurance  (UI)                                                               
program in response to the COVID-19  pandemic.  She said that the                                                               
provisions would  be extended until  September 6, 2021,  to align                                                               
Alaska's UI  program with  the American Rescue  Plan Act  of 2021                                                               
(ARPA).  The  proposed legislation would waive  the standard one-                                                               
week  waiting  period  before receiving  benefits;  increase  the                                                               
weekly per-dependent benefit  from $24 to $75, as  well as remove                                                               
the cap  of three dependents  for which applicants can  receive a                                                               
supplemental  benefit;   and  it  would  waive   the  work-search                                                               
requirement for  workers who have  had to  stay home to  care for                                                               
family members as  a result of the pandemic.   She noted that the                                                               
proposed UI benefit  extension is at the request  of the Division                                                               
of  Employment  and  Training  Services   (DETS)  at  the  Alaska                                                               
Department of Labor and Workforce Development (DOLWD).                                                                          
                                                                                                                                
CO-CHAIR SPOHNHOLZ explained that  UI benefit claims during March                                                               
2021 were still  over 200 percent higher than  the previous year,                                                               
Alaskans  continue  to  suffer   record  levels  of  unemployment                                                               
through  no  fault  of  their  own,  and  one-third  of  Alaskans                                                               
receiving UI  benefits have dependent children  or family members                                                               
with  disabilities.     She  stressed  that  UI   is  not  public                                                               
assistance or  an entitlement program,  but an  insurance benefit                                                               
that  employees have  paid  into for  years,  expecting that  the                                                               
insurance  would be  there when  it was  needed.   She said  that                                                               
average weekly claims paid in the  past week were $440, and noted                                                               
that  the state  of  Alaska has  the lowest  UI  benefits in  the                                                               
nation.    For  example,  she  said,  an  unemployed  person  who                                                               
typically earns $100,000  per year can receive  a maximum benefit                                                               
of only  $370 per week,  totaling $19,610 annually.   The minimum                                                               
possible benefit, she  said, is $56 per week,  equating to $2,912                                                               
in  annual  equivalent  income.    She  stated  that  temporarily                                                               
extending  the  expansion  of  the   UI  benefits  would  provide                                                               
certainty for  Alaskans, support  families with  children, ensure                                                               
that no  federal dollars are left  on the table, and  support the                                                               
recovery of the economy.                                                                                                        
                                                                                                                                
4:38:04 PM                                                                                                                    
                                                                                                                                
MEGAN HOLLAND, Staff, Representative  Ivy Spohnholz, detailed the                                                               
sectional  analysis  on  behalf   of  Co-Chair  Spohnholz,  prime                                                               
sponsor, which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     Section  1: Removes  the  work  search requirement  for                                                                    
     applicants  who cannot  fulfill  it as  a  result of  a                                                                    
     COVID-19  outbreak  and   are  otherwise  eligible  for                                                                    
     unemployment  insurance  (UI)  benefits.  Additionally,                                                                    
     this section waives the  one-week waiting period before                                                                    
     applicants begin receiving UI benefits.                                                                                    
                                                                                                                                
     Section 2: Increases the per  dependent UI benefit from                                                                    
     $24 per  dependent to $75 per  dependent. Additionally,                                                                    
     this  section   removes  the  existing  cap   of  three                                                                    
     dependents   for  which   applicants   can  receive   a                                                                    
     supplemental benefit.                                                                                                      
                                                                                                                                
     Section   3:  Amends   uncodified  law   to  give   the                                                                    
     Commissioner   of  Labor   and  Workforce   Development                                                                    
     authority to  adopt regulations necessary  to implement                                                                    
     this act.                                                                                                                  
                                                                                                                                
     Section  4:   Repeals  the  act  in   its  entirety  on                                                                    
     September 6th, 2021.                                                                                                       
                                                                                                                                
     Section 5:  Provides an effective date  for sections 1-                                                                    
     3, retroactive to April 1, 2021.                                                                                           
                                                                                                                                
     Section 6: Provides for an immediate effective date.                                                                       
                                                                                                                                
4:39:39 PM                                                                                                                    
                                                                                                                                
PATSY  WESTCOTT, Director,  Division of  Employment and  Training                                                               
Services,   Department  of   Labor  and   Workforce  Development,                                                               
provided testimony during the hearing  on HB 151.  She reiterated                                                               
the provisions in the proposed  legislation and said that she has                                                               
nothing  to  add  to  Co-Chair   Spohnholz's  and  Ms.  Holland's                                                               
statements.                                                                                                                     
                                                                                                                                
4:40:38 PM                                                                                                                    
                                                                                                                                
NOLAN   KLOUDA,   Executive   Director,   Center   for   Economic                                                               
Development, University  of Alaska Anchorage, told  the committee                                                               
that he  was asked to give  an overview of the  employment status                                                               
in Alaska,  as well  as some  of the effects  of the  UI benefits                                                               
disbursed  since  the  Coronavirus   Aid,  Relief,  and  Economic                                                               
Security (CARES) Act  of 2020 was passed at the  beginning of the                                                               
pandemic.   He noted that in  the months of April  through August                                                               
of 2020 the state saw a  loss of approximately 48,000 jobs, or 15                                                               
percent  of total  employment; the  number accounted  for general                                                               
job loss resulting  from the pandemic as well  as the seasonality                                                               
of employment in Alaska.  For  reference, he said, the state lost                                                               
only 13,000 jobs in the entirety  of the 2013-2015 recession.  He                                                               
expressed that the total year-over-year  job losses in the months                                                               
of  November  2020  through   February  2021  were  approximately                                                               
24,000,  and that  the winter  job losses  are lower  than summer                                                               
only because  of the  seasonality.   "We actually  really haven't                                                               
seen  a clear  sign of  employment recovery  in the  last several                                                               
months," he  said, with the  biggest job  losses in the  areas of                                                               
leisure  and hospitality,  food  service,  and personal  services                                                               
such as beauty salons.   He said that many of  the job losses are                                                               
among workers who are younger and lower paid.                                                                                   
                                                                                                                                
MR.  KLOUDA said  that  unemployment levels  are  expected to  be                                                               
elevated for  "quite some time," with  projections for employment                                                               
growth of 2-3 percent per year,  taking up to five years to reach                                                               
2019  levels.   Even  with  a recovery  well  underway, he  said,                                                               
unemployment  will  remain   high.    As  far   as  the  pandemic                                                               
unemployment compensation  (PUC), he noted that  the pre-pandemic                                                               
average  UI  benefit  was  $260 per  week,  versus  the  national                                                               
average of  $360.  When  the CARES Act  added $600 per  week PUC,                                                               
there  was research  looking at  the effect  of the  PUC benefit.                                                               
The "bonus"  benefit, he  said, did  not decrease  employment; it                                                               
didn't lower  the number of  jobs that  were available.   He said                                                               
that   while  the   conventional   wisdom   says  more   generous                                                               
unemployment compensation  would cause  more people to  not work,                                                               
resulting in  a decline  of overall  levels of  employment, which                                                               
has not been the case.                                                                                                          
                                                                                                                                
4:44:41 PM                                                                                                                    
                                                                                                                                
MR. KLOUDA  cited a 2020  study by economists at  Yale University                                                               
which found  that, when given  the opportunity to return  to work                                                               
and  forego  unemployment  benefits   that  were  larger  than  a                                                               
paycheck, workers tended to return  to employment.  Another study                                                               
examined  the data  around the  July 2020  expiration of  the PUC                                                               
benefits,  looking  for evidence  of  increased  employment as  a                                                               
result  of the  expiration  and  found, he  said,  "There was  no                                                               
evidence of that at all."   He said that a third study duplicated                                                               
the findings,  finding only that  there was "a slight  decline in                                                               
the level of  search intensity" of unemployed  people looking for                                                               
jobs, but that it was  a "relatively small" effect, with multiple                                                               
applicants per job  opening.  He stressed that  when the pandemic                                                               
first hit,  the number  of vacancies  declined about  300 percent                                                               
faster  than   the  number  of  applicants,   so  the  employment                                                               
situation was  more about  the availability  of jobs  rather than                                                               
the generosity of benefits.                                                                                                     
                                                                                                                                
MR. KLOUDA,  regarding the  impacts of the  PUC, said  that local                                                               
spending  increased  by  approximately  44  percent,  creating  a                                                               
stimulative effect  in the  local economy.   He  recalled hearing                                                               
from  business owners  who claim  that they  can't get  people to                                                               
work because they're receiving UI  benefits; while there may be a                                                               
few  instances of  such, he  said, the  data doesn't  support the                                                               
claim.  He said that one  aspect of deciding whether to return to                                                               
work is  the question  of childcare; there  is ample  evidence of                                                               
people not  being able  to return to  the workforce  because they                                                               
don't  have  a  good  childcare solution,  which  has  especially                                                               
affected  women.   He  cited  a statistic  that  said that  women                                                               
between the  ages of 25 and  44 are three times  more likely than                                                               
men to  be not  looking for  work due to  childcare demands.   He                                                               
said that the $600 PUC is  now long over, though benefits of $300                                                               
per  week  have  been  extended,  which  is  a  much  lower  wage                                                               
replacement  rate; thus,  he  said, any  effect  from the  larger                                                               
benefit is now diminished by the smaller supplement.                                                                            
                                                                                                                                
4:48:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN directed  attention to  the provision  on                                                               
line  14, page  1,  of  HB 151,  "(1)  providing care,  including                                                               
medical care, to  one or more persons;".  He  asked, "Is that any                                                               
care?"                                                                                                                          
                                                                                                                                
CO-CHAIR SPOHNHOLZ deferred to Ms. Westcott.                                                                                    
                                                                                                                                
4:49:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN  repeated his  question for  Ms. Westcott,                                                               
saying, "What  I'm wondering  is if that's  not overly  broad, in                                                               
that that  could be  almost anything,  that could  be interpreted                                                               
literally  wide open  ...  can you  advise if  that  seems to  be                                                               
adequately defined?"                                                                                                            
                                                                                                                                
MS. WESTCOTT answered that the  federal guidelines related to the                                                               
provision   are   being   followed,   and   she   expressed   her                                                               
understanding that  HB 151 contains language  consistent with the                                                               
federal legislation.  She stressed  that DOLWD has been following                                                               
the guidelines since they were first issued in March 2020.                                                                      
                                                                                                                                
REPRESENTATIVE KAUFMAN  asked whether the provisions  outlined in                                                               
page 1,  line 14,  and page  2, lines  1-2, are  necessary, given                                                               
that the federal guidelines are already being followed.                                                                         
                                                                                                                                
4:52:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  answered that every  time the law  is changed                                                               
in the  state, the  department has to  issue new  regulations and                                                               
write new software code, which can  take "many months".  She said                                                               
that  because of  the time  factor, the  proposed legislation  is                                                               
written as closely as possible  to the previous statutes in order                                                               
to  reduce the  administrative burden  and lessen  the chance  of                                                               
having   eligible  beneficiaries   waiting   months  to   receive                                                               
benefits.  She gave an example  of a provision change in the per-                                                               
dependent benefits which took almost  six months to update in the                                                               
software, and she  said that the issue of  providing medical care                                                               
is "incredibly relevant" because there  could be an outbreak in a                                                               
person's childcare  arrangement, rendering that person  unable to                                                               
work while their  child is under quarantine.  She  noted that the                                                               
number of  people filing claims  as of  March 2021 is  much lower                                                               
than the previous  summer; however, it still makes  sense to keep                                                               
consistency in  the provisions.   She  stressed that  the current                                                               
provisions expire  on April 1, 2021,  and if they lapse  it means                                                               
that new laws would have to  be written, software code would have                                                               
to be  updated, and implementation  could take months.   She said                                                               
that the  state's actuary  has stated  that the  provisions would                                                               
not  have an  impact on  the ability  of the  state's UI  fund to                                                               
remain solvent.                                                                                                                 
                                                                                                                                
4:54:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS asked  Ms. Wescott  if the  committee should  be                                                               
contemplating an end-date on the  proposed legislation later than                                                               
September  6, 2021,  given that  the legislature  wouldn't be  in                                                               
session at that time to respond.                                                                                                
                                                                                                                                
MS. WESTCOTT  responded that there  have been certain  sectors of                                                               
the economy  opening back  up.  She  expressed that  she foresees                                                               
the situation improving over the  summer, now that the vaccine is                                                               
widely  available; however,  she can't  predict what  will happen                                                               
over the fall and winter.                                                                                                       
                                                                                                                                
CO-CHAIR FIELDS  asked whether the DOLWD  commissioner would have                                                               
the  flexibility to  extend  benefits if  the  committee were  to                                                               
extend the date beyond September 6.                                                                                             
                                                                                                                                
MS. WESTCOTT replied  that if the legislature were  to extend the                                                               
provisions   to  December,   the  commissioner   would  have   no                                                               
discretion, as the benefits would be  in place.  If Alaska was to                                                               
extend the waiting  week beyond the federal level,  she said, the                                                               
cost of paying  that week would be fully absorbed  by the state's                                                               
fund  instead  of  being  federally funded.    In  addition,  she                                                               
explained,  if the  flexibility of  the work-search  requirements                                                               
was extended  beyond what the  federal provisions  have directed,                                                               
Alaska  could  be  potentially out  of  conformity  with  federal                                                               
directives if  the federal government  also does not  extend them                                                               
beyond September.                                                                                                               
                                                                                                                                
4:59:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY  asked  how  many  people  are  currently                                                               
receiving  UI  benefits.    He  then  asked  what  would  be  the                                                               
anticipated  rise  in  summer   employment,  should  the  tourism                                                               
industry restart.                                                                                                               
                                                                                                                                
MS. WESTCOTT replied that the  number of individuals receiving UI                                                               
benefits changes week  to week, and is very  fluid, but currently                                                               
approximately 50,000  individuals receive UI benefits  on a week-                                                               
to-week  basis.   For  the  question  on summer  employment,  she                                                               
deferred to Mr. Weller.                                                                                                         
                                                                                                                                
5:00:30 PM                                                                                                                    
                                                                                                                                
LENNON   WELLER,  Economist,   Research  and   Analysis  Section,                                                               
Department   of   Labor    and   Workforce   Development,   asked                                                               
Representative  McCarty  to  clarify his  question  about  summer                                                               
employment.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MCCARTY  said,  "Just  what  do  we  see  in  the                                                               
average?"                                                                                                                       
                                                                                                                                
MR. WELLER  said that  summer employment,  defined as  the second                                                               
and third quarters of the  year, tends to be significantly higher                                                               
than  winter employment.   Aggregate  summer employment  averaged                                                               
300,000  in 2020  and 335,000  in 2019.   The  current employment                                                               
forecast, he said, is 272,000  covered jobs in the second quarter                                                               
of  2021, compared  to 269,300  in 2020.   Third  quarter covered                                                               
employment  in  2021  is  expected to  be  287,100,  compared  to                                                               
283,600  in 2020.    He  said that  probably  the single  largest                                                               
factor in summer employment is  whether cruise ships will come to                                                               
Alaska.  He  noted that construction and  seafood processing jobs                                                               
increase in  the summer,  but the bulk  of employment  comes with                                                               
those business  that focus  on tourism.   He  described expecting                                                               
summer 2021 employment to be "much more muted."                                                                                 
                                                                                                                                
5:04:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCARTY  asked   whether  a   similar  rise   in                                                               
employment in the fishing industry.                                                                                             
                                                                                                                                
MR. WELLER  replied that he's not  expecting much of a  change in                                                               
seafood  processing,  as  employment   in  that  sector  was  not                                                               
significantly decreased.                                                                                                        
                                                                                                                                
5:04:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS   expressed  understanding  that   employees  in                                                               
leisure  and hospitality,  construction,  and seafood  processing                                                               
will be  laid off at the  end of the  season.  He asked  if trust                                                               
fund could  handle a one or  two month extension beyond  what the                                                               
federal government will pay for.                                                                                                
                                                                                                                                
MR. WELLER said  that a waiting week doesn't  change the duration                                                               
an  individual would  receive  UI benefits,  it  only shifts  the                                                               
period of eligibility  by one week.  He said  that it's been nice                                                               
having the  federal government  paying for  that first  week, but                                                               
that  week is  built into  the  targets for  trust fund  solvency                                                               
anyway.   He  noted that  most people  receiving UI  compensation                                                               
don't  exhaust their  benefit, and  that he  would expect  to see                                                               
even fewer  exhausting the benefit  going forward.  He  said that                                                               
he  would expect  the extension  to not  have a  large impact  on                                                               
trust  fund  solvency,  especially  because  regular  claims  are                                                               
expected to  fall considerably  with the  arrival of  late summer                                                               
and fall of 2021.                                                                                                               
                                                                                                                                
5:07:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  shared that  unemployment is not  expected to                                                               
be nearly  as bad as  it was in summer  of 2020, when  there were                                                               
67,600 claims per week at the  peak in May and continuing through                                                               
mid-July.  She expressed that  the fiscal impact of the provision                                                               
under HB 151, with an attached  fiscal note of $13 million, would                                                               
be much lower than  it would have been last year.   She said that                                                               
the  summertime  is  traditionally  the  "high  water  mark"  for                                                               
employment,  with unemployment  rising with  the transition  into                                                               
fall.    She  said  that  the  UI fund  in  Alaska  is  built  to                                                               
accommodate the ebb and is  well-capitalized.  She mentioned that                                                               
DOLWD is  continuing to work  with unemployment  beneficiaries to                                                               
move  towards employment,  providing retraining  and work  search                                                               
support  services.   She  described  HB 151  as  a "common  sense                                                               
measure  that  aligns our  state  statute  with federal  law  and                                                               
federal funding."                                                                                                               
                                                                                                                                
5:10:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS announced  that the  amendment deadline  of 3:15                                                               
p.m. on March 30, 2021.                                                                                                         
                                                                                                                                
REPRESENTATIVE  KAUFMAN asked  why the  amendment deadline  is so                                                               
soon.                                                                                                                           
                                                                                                                                
CO-CHAIR  FIELDS explained  that the  provisions expire  in April                                                               
and the intention is to move  the bill along quickly, in order to                                                               
give DOLWD time to update their regulations to align with ARPA.                                                                 
                                                                                                                                
MS.  WESTCOFF  commented  that  if the  waiting  week  waiver  is                                                               
extended beyond September 6, the  first week of extended benefits                                                               
would  have to  be fully  funded by  the state  instead of  being                                                               
funded by the federal government.                                                                                               
                                                                                                                                
REPRESENTATIVE KAUFMAN  asked why HB 111  also had a due  date of                                                               
March 30, 2021, for amendments.                                                                                                 
                                                                                                                                
CO-CHAIR  FIELDS replied  that there  is  a fairly  long list  of                                                               
administration bills  in process,  so when one  seems to  be non-                                                               
controversial,  the  intent  is  to give  committee  members  the                                                               
opportunity  to move  it  right away.    He asked  Representative                                                               
Kaufman whether he  would like a longer amendment  deadline on HB
111.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  KAUFMAN   said  that   he  had   questions  about                                                               
radiation safety  which may  take longer  than overnight  to find                                                               
out.                                                                                                                            
                                                                                                                                
CO-CHAIR FIELDS responded that if  there are still questions, the                                                               
committee can return to HB 111 later.                                                                                           
                                                                                                                                
[HB 151 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB 111 FN - DCCED, 3.26.21.pdf HL&C 3/29/2021 3:15:00 PM
HB 111
HB 111 v. A.PDF HL&C 3/29/2021 3:15:00 PM
HB 111
HB 111 FN - DHSS, 3.26.21.pdf HL&C 3/29/2021 3:15:00 PM
HB 111
HB 111 Presentation 3.27.2020.pdf HL&C 3/29/2021 3:15:00 PM
HB 111
HB 111 Supporting Document - Oral Health and Well-being in the U.S..pdf HL&C 3/29/2021 3:15:00 PM
SFIN 4/21/2022 9:00:00 AM
HB 111
HB 111 FAQ Document.pdf HL&C 3/29/2021 3:15:00 PM
HB 111
HB 111 v. A Sponsor Statement.pdf HL&C 3/29/2021 3:15:00 PM
HB 111
HB 111 v. A Sectional Analysis.pdf HL&C 3/29/2021 3:15:00 PM
HB 111
HB 151 v. B.PDF HL&C 3/29/2021 3:15:00 PM
HB 151
HB 151 Sponsor Statement.pdf HL&C 3/29/2021 3:15:00 PM
HB 151
HB 151 Sectional Analysis.pdf HL&C 3/29/2021 3:15:00 PM
HB 151
HB 151 FN, DOLWD 3.26.21.pdf HL&C 3/29/2021 3:15:00 PM
HB 151
Supporting Document - UI General Information Brochure.pdf HL&C 3/29/2021 3:15:00 PM
HB 151
Supporting Document - Wage Replacement Data, DOLWD.pdf HL&C 3/29/2021 3:15:00 PM
HB 151
HB 111 Letters of Support Received as of 3.27.21.pdf HL&C 3/29/2021 3:15:00 PM
HB 111
Supporting Document - UI Claims, DOLWD.pdf HL&C 3/29/2021 3:15:00 PM
HB 151