Legislature(2007 - 2008)

03/12/2008 02:57 PM Senate FIN


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SENATE BILL NO. 120                                                                                                           
                                                                                                                                
     "An Act relating to the calculation and payment of                                                                         
     unemployment compensation benefits; and providing for                                                                      
     an effective date."                                                                                                        
                                                                                                                                
SENATOR JOHNNY  ELLIS, sponsor,  explained the intent  of the                                                                   
bill.  He reported  that the bill is a result  of a year-long                                                                   
stakeholders  process   conducted  in  the  Senate   Labor  &                                                                   
Commerce Committee.   There were numerous work  sessions with                                                                   
business  groups,   labor  advocates,  Department   of  Labor                                                                   
experts, staff, and committee members.                                                                                          
                                                                                                                                
Senator  Ellis  pointed  out   that  a  healthy  unemployment                                                                   
insurance system benefits all  Alaskans.  It provides a shock                                                                   
absorber  for businesses,  individuals  and  families hit  by                                                                   
economic  change.   It  helps  both businesses  and  workers.                                                                   
Alaskan workers stay in Alaska,  ready for jobs when business                                                                   
picks  up.    Employers  maintain a  stable,  ready  pool  of                                                                   
experienced workers.                                                                                                            
                                                                                                                                
Senator Ellis  reported that Alaska's unemployment  insurance                                                                   
system has been  soundly managed.  It has never  depleted its                                                                   
trust fund.   Other  states have  depleted their trust  funds                                                                   
during time of  economic stress.  Alaska's system  has always                                                                   
been able to  maintain payments, even during  the severe 1986                                                                   
oil price crisis.                                                                                                               
                                                                                                                                
Senator Ellis  emphasized another  important consideration  -                                                                   
wage replacement.   The  unemployment insurance  system seeks                                                                   
to  replace  roughly  50  percent   of  lost  wages,  a  goal                                                                   
repeatedly confirmed by presidents  and commissions over many                                                                   
decades  in the  United States.    Alaska's wage  replacement                                                                   
rate is dead last  among all states.  It was  25.8 percent in                                                                   
2005 and is likely to be even lower today.                                                                                      
                                                                                                                                
Senator Ellis  pointed out that  Alaska's benefit  amount has                                                                   
fallen far behind  wages.  The maximum weekly  benefit amount                                                                   
of  $248  is the  fourth  lowest  in  the nation.    Alaska's                                                                   
maximum  weekly benefit  amount has not  been adjusted  since                                                                   
1997.  Eligible  wages are capped  at $26,500.  One  third of                                                                   
Alaskan wage earners earn that  much or more, but are limited                                                                   
to $248 in weekly benefits.                                                                                                     
                                                                                                                                
Senator Ellis  reported that tax rates  are low.  Now  is the                                                                   
time   to  raise   the  benefit   amount.     Alaska's   2008                                                                   
unemployment  insurance  tax  rates  for  employers  are  the                                                                   
lowest in  28 years.   There is room  to raise the  benefit -                                                                   
the $370, which  represents a restrained,  compromised weekly                                                                   
benefit  amount.   CSSB  120 (L&C)  would  raise the  average                                                                   
employer  cost $25  per employee  from the  2008 level.   The                                                                   
total out-of-pocket cost to employers  would remain $89 below                                                                   
2007 level.   The employee cost  will rise $37 per  year over                                                                   
the 2008 amount.                                                                                                                
                                                                                                                                
4:16:09 PM                                                                                                                    
                                                                                                                                
Senator  Ellis  said  the Senate  Labor  &  Commerce  version                                                                   
represents  a  compromise.    Benefits  need  to  be  raised.                                                                   
Employers view  the system  as too costly.   The  bill shifts                                                                   
costs from the  employers to employees.   Currently employers                                                                   
pay  80 percent,  employees  27  percent.   Under  the  bill,                                                                   
employers  would pay 73  percent and  employees would  pay 27                                                                   
percent.   Alaska  is one of  only two  states that  actively                                                                   
mandate  employee contributions.    New Jersey  is the  other                                                                   
one.  New  Jersey's maximum weekly benefit is  $536; Alaska's                                                                   
is $248.  The bill would raise it to $370.                                                                                      
                                                                                                                                
Senator Ellis  explained that the bill includes  an automatic                                                                   
inflation proofing  mechanism.  It will help  to avoid having                                                                   
to address the issue every year.                                                                                                
                                                                                                                                
4:19:17 PM                                                                                                                    
                                                                                                                                
Senator   Ellis  stressed   that   Alaska   must  enact   the                                                                   
confidentiality  statutes.  The  first eight sections  of the                                                                   
bill are confidentiality  related.  Federal  law requires all                                                                   
states  to protect  unemployment  insurance  data by  October                                                                   
2008.   Failure  would  mean the  loss  of  $19.1 million  in                                                                   
federal funds to  the state.  Alaska businesses  would pay an                                                                   
additional  $87 million  in  taxes if  the  statutes are  not                                                                   
updated in regards to confidentiality.                                                                                          
                                                                                                                                
4:20:55 PM                                                                                                                    
                                                                                                                                
DANA OWEN, STAFF,  SENATOR JOHNNY ELLIS, explained  a handout                                                                   
entitled "The Case for Raising  Alaska's Unemployment Benefit                                                                   
Amount"   (copy   on  file.)      He  highlighted   page   1,                                                                   
"Unemployment  Insurance  Maximum  Weekly Benefit  Amount  by                                                                   
State,"  which  illustrates  where  Alaska's  weekly  benefit                                                                   
                                                     th                                                                         
falls  in relation  to other  states.   Alaska is  48.    New                                                                   
Jersey,  a state  that has  an employee  contribution to  the                                                                   
unemployment insurance tax system, is third from the top.                                                                       
                                                                                                                                
Mr. Owen discussed  page 2, "Alaska's Maximum  Weekly Benefit                                                                   
-  Unemployment Insurance  1966  - 2006."    This stair  step                                                                   
chart illustrates  the history of raises in  the unemployment                                                                   
insurance benefit  amount.  The rate of $248  was achieved in                                                                   
1997.   This  is  the longest  stretch,  since  1966, of  not                                                                   
raising rates.                                                                                                                  
                                                                                                                                
Mr.  Owen  interpreted   the  table  on  page   3,  "Alaska's                                                                   
Unemployment  Insurance -  Weekly  Benefit Amount  Schedule."                                                                   
This chart  shows the  effect of the  1997 amendment  and the                                                                   
range  of amounts  earned  under the  unemployment  insurance                                                                   
system.                                                                                                                         
                                                                                                                                
Mr.  Owen   reported  that   page  4,  "Alaska   Unemployment                                                                   
Insurance - Recipients  by Weekly Benefit Amount,  2000."  It                                                                   
illustrates   that  the  largest   portion  of   unemployment                                                                   
insurance recipients are maxed out at $248 weekly benefit.                                                                      
                                                                                                                                
Mr.  Owen  explained  the  graph on  page  5,  "Average  Wage                                                                   
Replacement  Rates  - By  State,  2005".   Alaska  is at  the                                                                   
bottom of the list.                                                                                                             
                                                                                                                                
4:23:05 PM                                                                                                                    
                                                                                                                                
Mr. Owen depicted "Replacement  Rates - Western States, 2005"                                                                   
on page 6.  He pointed out that  Alaska is the lowest at 25.8                                                                   
percent.                                                                                                                        
                                                                                                                                
Mr. Owen showed  on page 7 how "The Target  Gets Farther Away                                                                   
- Alaska,  1987 to 2007."   The amount of benefit  diminishes                                                                   
in relation to the amount of wage it replaces.                                                                                  
                                                                                                                                
Mr.  Owen  discussed  the  "Average  Weekly  Benefits  Amount                                                                   
(AWBA) as a Percentage of Average Weekly Earnings - 2006."                                                                      
                                                                                                                                
Mr.  Owen noted  that the  chart  on page  9, the  "Estimated                                                                   
Annual Unemployment Insurance  Employee Tax Cost with Maximum                                                                   
Weekly  Benefit Amount  Increased, Tax  Share Ratio  Changed,                                                                   
and Minimum Qualifying Wage Raised,  Effective January 2009,"                                                                   
is what  is presented  in the Labor  and Commerce  version of                                                                   
the bill.   The  employee rate  would increase  from $157  to                                                                   
$194 by the time the rate phases  in, in 2013.  This is a $37                                                                   
increase  in the  employee payment.    The graph  on page  10                                                                   
depicts  "Estimated  Annual  Cost   per  Worker  for  Average                                                                   
Employer with Unemployment Insurance  Maximum Qualifying Wage                                                                   
Raised,  effective  January  2009.   In  2007  the  estimated                                                                   
annual cost  per worker  for the  average employer  was $584.                                                                   
In  2008  that  number  drops   dramatically  to  $470.    It                                                                   
continues to  decline until  2010 when the  effect of  SB 120                                                                   
comes into  play.  When  it is fully  in effect in  2013, the                                                                   
cost of $495  is still below what employers  were paying last                                                                   
year.                                                                                                                           
                                                                                                                                
4:25:49 PM                                                                                                                    
                                                                                                                                
Senator  Ellis pointed  out  that business  groups  requested                                                                   
that this bill be phased in.   He summarized that the bill is                                                                   
long overdue,  is a reasonable  well-crafted compromise,  and                                                                   
is nearly  cost neutral.  This  is the right time;  the rates                                                                   
are the lowest in 28 years.  It is a reasonable compromise.                                                                     
                                                                                                                                
4:27:22 PM                                                                                                                    
                                                                                                                                
DAVID RUIZ, MEMBER, LABORERS UNION  341, Anchorage, testified                                                                   
in support of SB 120.                                                                                                           
                                                                                                                                
LARRY BRINK, ANCHORAGE, testified in support of SB 120.                                                                         
                                                                                                                                
ELSA BILLINGHAM, ANCHORAGE, testified in support of SB 120.                                                                     
She shared a personal story regarding  unemployment benefits.                                                                   
                                                                                                                                
WAYNE STEVENS,  PRESIDENT, ALASKA STATE CHAMBER  OF COMMERCE,                                                                   
testified  in support of  SB 120.   He  included a letter  of                                                                   
support in the members' packets (copy on file.)                                                                                 
                                                                                                                                
4:36:18 PM                                                                                                                    
                                                                                                                                
Senator Elton referred to the  chart that looks at past costs                                                                   
of  the  employee to  the  employer.    The bill  reflects  a                                                                   
savings to  the employer.   He wondered  if the figures  were                                                                   
inflation adjusted.  Mr. Stevens said he did not know.                                                                          
                                                                                                                                
Mr.  Owen  thought they  were  nominal  dollars and  did  not                                                                   
include adjustment  for inflation.   Senator Elton  concluded                                                                   
that the savings to the employer are even greater.                                                                              
                                                                                                                                
4:38:34 PM                                                                                                                    
                                                                                                                                
TOM  BRICE,   AGENT,  ALASKA  DISTRICT  COUNCIL   OF  LABORS,                                                                   
testified  in support  of SB  120.   He  mentioned a  concern                                                                   
about the perception  that the employee will have  to buy the                                                                   
increase, going from 20 percent to 27 percent.                                                                                  
                                                                                                                                
DON ETHERIDGE,  ALASKA  AFL-CIO, testified  in support  of SB
120.                                                                                                                            
                                                                                                                                
4:40:38 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman asked if anyone opposed the bill.                                                                              
                                                                                                                                
Senator  Ellis  reported  that  the  National  Federation  of                                                                   
Independent  Businesses  included a  letter  in the  members'                                                                   
packets  which stated  opposition  to the  bill.   There  are                                                                   
others that don't  believe in unemployment insurance  or that                                                                   
it should  be paid 100  percent by the  employer.   He shared                                                                   
discussions regarding the phase-in aspect of the bill.                                                                          
                                                                                                                                
Co-Chair  Stedman asked  how long  the groups  worked on  the                                                                   
bill.  Mr. Owen said about a year.   Senator Ellis added that                                                                   
he has  received a letter from  AGC stating some  support for                                                                   
the bill.                                                                                                                       
                                                                                                                                
SB  120  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
AT-EASE:       4:44:40 PM                                                                                                     
                                                                                                                                
RECONVENE:     4:47:56 PM                                                                                                     
                                                                                                                                

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