Legislature(2011 - 2012)BARNES 124

01/26/2011 03:15 PM House LABOR & COMMERCE


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03:19:05 PM Start
03:19:56 PM Overview of the Department of Labor and Workforce Development
04:00:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Joint with Senate L&C
+ Overview: Dept. of Labor & Workforce Development TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                        January 26, 2011                                                                                        
                          3:19:05 p.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                              
SENATE LABOR & COMMERCE STANDING COMMITTEE                                                                                      
                                                                                                                                
 Senator Dennis Egan, Chair                                                                                                     
 Senator Bettye Davis                                                                                                           
 Senator Linda Menard                                                                                                           
 Senator Cathy Giessel                                                                                                          
                                                                                                                                
HOUSE LABOR & COMMERCE STANDING COMMITTEE                                                                                       
                                                                                                                                
 Representative Kurt Olson, Chair                                                                                               
 Representative Craig Johnson                                                                                                   
 Representative Paul Seaton                                                                                                     
 Representative Dan Saddler                                                                                                     
 Representative Steve Thompson                                                                                                  
 Representative Lindsey Holmes                                                                                                  
 Representative Bob Miller                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE LABOR & COMMERCE STANDING COMMITTEE                                                                                      
                                                                                                                                
 Senator Joe Paskvan, Vice Chair                                                                                                
                                                                                                                                
HOUSE LABOR & COMMERCE STANDING COMMITTEE                                                                                       
                                                                                                                                
 All members present                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW OF THE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT                                                                   
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CLARK "CLICK" BISHOP, Commissioner                                                                                              
Department of Labor and Workforce Development (DOLWD)                                                                           
Juneau, AK                                                                                                                      
POSITION STATEMENT: Gave  an overview of the  Department of Labor                                                             
and Workforce Development                                                                                                       
                                                                                                                                
Tom Nelson, Deputy Commissioner                                                                                                 
Department of Workforce and Labor Development                                                                                   
Juneau, AK                                                                                                                      
POSITION  STATEMENT: Explained  what the  DWLD currently  does to                                                             
aid Alaska's small businesses.                                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:19:05 PM                                                                                                                    
CHAIR  DENNIS EGAN  called the  joint  meeting of  the House  and                                                             
Senate Labor  and Commerce Standing  Committees to order  at 3:19                                                               
p.m. Present  at the call  to order were Senators  Menard, Davis,                                                               
Giessel, and  Egan and Representatives Seaton,  Thompson, Holmes,                                                               
Miller, and Olson.                                                                                                              
                                                                                                                                
 ^Overview of the Department of Labor and Workforce Development                                                             
                                                                                                                                
3:19:56 PM                                                                                                                    
CHAIR EGAN  announced the  business before  the committee  was to                                                               
hear  an overview  from  the Department  of  Labor and  Workforce                                                               
Development.                                                                                                                    
                                                                                                                                
3:20:23 PM                                                                                                                    
CLARK "CLICK"  BISHOP, Commissioner,  Alaska Department  of Labor                                                               
and Workforce  Development (DOLWD)  introduced some of  his staff                                                               
in  attendance:   Deputy  Commissioner,  Tom   Nelson;  Assistant                                                               
Commissioner, Guy Bell; and Special  Assistant, Paula Scavera. He                                                               
said  the mission  of  the DOLWD  is to  provide  safe and  legal                                                               
working conditions for the men, women,  and youth in the state of                                                               
Alaska.  They deliver  that mission  through  three core  service                                                               
areas.  First,  DOLWD protects  workers  through  wage and  hour,                                                               
child labor law  enforcement, mechanical inspection, occupational                                                               
safety,  and health  compliance enforcement  inspections. Second,                                                               
they develop Alaska's  workforce through the operation  of 23 job                                                               
centers  throughout the  state  of  Alaska.   They  also have  an                                                               
online  labor  exchange  system that  connects  job  seekers  and                                                               
employers.  This  online service  has  job  training and  support                                                               
services which  include serving  Alaskan's with  disabilities and                                                               
adult basic education.  He said that at the DOLWD  he signs 1,500                                                               
or more  General Education  Diplomas (GED)  per year.  The Alaska                                                               
Vocational  Technical  Center (AVTEC)  is  also  run through  the                                                               
DOLWD which gives  kids, who are not on a  traditional pathway to                                                               
a four-year college program, a good alternative.                                                                                
                                                                                                                                
Finally,  he said,  the DOLWD  offers  incomer placement  through                                                               
unemployment  insurance  programs,   social  security  disability                                                               
determination   services,   and   by   ensuring   fair   workers'                                                               
compensation  benefit  pay  payments   to  injured  workers.  The                                                               
department has had  successes despite the downturn  in the United                                                               
States' economy and  has had a significant impact  on the general                                                               
picture of Alaska's employment.                                                                                                 
                                                                                                                                
3:24:22 PM                                                                                                                    
REPRESENTATIVE CRAIG JOHNSON joined the committee.                                                                              
                                                                                                                                
COMMISSIONER BISHOP said  in the area of  worker protection there                                                               
was a  nine percent reduction in  lost work due to  illnesses and                                                               
injuries between  FY09 and  FY10. Workers'  compensation premiums                                                               
declined in 2010  for the third year  in a row. He  said that the                                                               
DOLWD  should   take  some  credit   for  this  because   it  has                                                               
reinvigorated the  Governor's Safety  Council. This is  an annual                                                               
convention in Anchorage where  safety professionals come together                                                               
to host workshops on workplace safety.                                                                                          
                                                                                                                                
He  continued that  the  Trends Magazine  now  includes a  safety                                                               
minute  in each  publication.  DOLWD has  also  become more  pro-                                                               
active in public  safety announcements, such as  crane safety and                                                               
seatbelts. This will help lower  accident and injury rates in the                                                               
workplace, which allows the DOLWD  to keep the work premium rates                                                               
lower.                                                                                                                          
                                                                                                                                
3:26:27 PM                                                                                                                    
REPRESENTATIVE DAN SADDLER joined the committee.                                                                                
                                                                                                                                
COMMISSIONER BISHOP continued  that in the area  of youth safety,                                                               
DOLWD is  partnering with K-12  schools by  bringing consultation                                                               
officers  into   the  classroom  to  discuss   youth  safety  and                                                               
employment. Labor Standards of Safety  did an outreach in 2009 to                                                               
5,300 students and approximately 5,100  students in 57 schools in                                                               
2010.  The number  of work-related  incidents for  minors dropped                                                               
from 169  in 2008  to 38 in  2010. He said  that when  work place                                                               
safety  is  engrained   at  a  young  age   that  will  hopefully                                                               
transition throughout the rest of the person's life.                                                                            
                                                                                                                                
In  the area  of income  replacement,  he said  that despite  the                                                               
historically  high  claims  for unemployment  benefits,  Alaska's                                                               
Unemployment Insurance  Trust remains  solvent. The  December 31,                                                               
2010  fund  balance  was $243,900,000.  This,  he  explained,  is                                                               
excellent  news given  that 30  states have  had to  collectively                                                               
borrow  $40  billion from  the  Federal  Government in  order  to                                                               
continue giving unemployment insurance  (UI) checks. He said that                                                               
Alaska is one of the only  states in the union where the employee                                                               
pays a portion of the UI tax.                                                                                                   
                                                                                                                                
In the area of workforce  development, the non-resident hire rate                                                               
dropped from 19.6  percent in 2008 to 19.1 percent  in 2009. This                                                               
represents a  modest improvement,  as Alaska still  exported $1.8                                                               
billion  in  wages  paid  to   non-residents.  He  said  that  it                                                               
continues to  be his  goal to  get Alaskans  trained to  take the                                                               
jobs that are available.                                                                                                        
                                                                                                                                
3:31:00 PM                                                                                                                    
COMMISSIONER BISHOP  said he  would highlight  several successful                                                               
training  programs.  First  is   the  Core  Driller  Program.  He                                                               
explained that one responsibility that  he has is to sign foreign                                                               
labor certifications  to allow foreign  workers to come  into the                                                               
state  to  work.  One  particular  day he  had  to  sign  for  20                                                               
individuals to work in Alaska,  and their average salary would be                                                               
$100,000  per year.  With unemployment  rates  in Alaska  ranging                                                               
from  8-20 percent,  depending upon  the geographic  location, he                                                               
realized  the  need to  improve  training  for Alaskans.  Working                                                               
collectively,  he   explained,  the  DOLWD  brought   the  mining                                                               
industry, the  drilling industry,  the University of  Alaska (UA)                                                               
Mine Training  and Petroleum Division  and the Federal  Office of                                                               
Apprenticeship together  in Anchorage.  After eight  months, they                                                               
had designed a  curriculum for the first  registered Core Driller                                                               
Program in the United States  or Canada. Thirty-six students from                                                               
rural Alaska (Kotzebue,  Bethel, and the Donlin  Creek area) were                                                               
trained  the first  year  of the  program. They  are  now in  the                                                               
second year of the program and  he will be going to another major                                                               
mine in  hopes of including  it in  the Core Driller  Program. He                                                               
mentioned that this  program can reach across a  lot of different                                                               
industries.                                                                                                                     
                                                                                                                                
COMMISSIONER BISHOP  said that  another area  the DOLWD  has been                                                               
working in is in corrections. He said  he would like to work on a                                                               
pre-apprenticeship  model in  the prison  system.  They have  had                                                               
some successes with  this, but he would like to  expand what they                                                               
are  doing. He  said  that  he recently  visited  the new  prison                                                               
facility  at Goose  Creek  to  look at  what  the  prison had  in                                                               
regards to  classroom and shop  space. He was impressed  with the                                                               
amount of  space for  hands-on educational  training, as  well as                                                               
shop and classroom space.                                                                                                       
                                                                                                                                
He gave  the example of  the Southern California  Carpenters, who                                                               
engaged in  a similar program,  where they indentured  94 inmates                                                               
into the  Southern California Carpenter's Apprentice  Program. He                                                               
explained that 97 percent of  the individuals who participated in                                                               
this pre-apprenticeship  program remained out of  prison one year                                                               
after release.  His belief is  that these individuals need  to be                                                               
given an  education and a skill  set to try and  make their lives                                                               
better.                                                                                                                         
                                                                                                                                
3:36:58 PM                                                                                                                    
COMMISSIONER BISHOP  continued with the fire  fighting program at                                                               
Department  of Natural  Resources (DNR).  There are  a number  of                                                               
individuals that come  from out of state for the  fire season. He                                                               
explained that  Alaska has the  work force  to do this  job, what                                                               
they need  is training.   For this  reason, they funded  an entry                                                               
level fire fighting  training program with over  100 students who                                                               
trained in  the first year.  This is  another way that  the DOLWD                                                               
has been  able to reach  out to rural  Alaskans and give  them an                                                               
opportunity  to be  successful. The  program was  successful this                                                               
past year and it will be in the budget again for 2011.                                                                          
                                                                                                                                
Another program he is proud of  is the Law Cadet Program at Mount                                                               
Edgecombe High School  in Sitka. This is a cadet  program for law                                                               
enforcement.  There  is still  a  need  for both  Village  Public                                                               
Safety  Officers (VPSOs)  and  law enforcement  needs  and it  is                                                               
important to  produce Alaskans  who can  take up  these positions                                                               
within the state.                                                                                                               
                                                                                                                                
He  continued with  some legislative  items of  interest for  the                                                               
DOLWD. HB  104 and  SB 43 would  provide sustainable  funding for                                                               
Alaska  performance  scholarships  to high  school  seniors  with                                                               
annual awards  of up to  $4,755 for those  who chose to  pursue a                                                               
university or technical training career in Alaska.                                                                              
                                                                                                                                
He said that  the DOLWD will be working  on workers' compensation                                                               
legislation: there  is a need  for a  medical fee schedule  to be                                                               
put into  place and a  fee schedule for transportation  costs. He                                                               
thanked Representative Olson for introducing this legislation.                                                                  
                                                                                                                                
3:39:48 PM                                                                                                                    
REPRESENTATIVE THOMPSON asked  him to touch on  what is happening                                                               
with the second entry fund.                                                                                                     
                                                                                                                                
COMMISSIONER BISHOP  replied he  couldn't answer right  then, but                                                               
he'd make  an appointment with  the division director  and follow                                                               
up with an answer.                                                                                                              
                                                                                                                                
3:40:52 PM                                                                                                                    
REPRESENTATIVE HOLMES said that she  has been impressed with what                                                               
the prison system is doing  in regards to the vocational training                                                               
for inmates. She said that another  issue that has been raised is                                                               
the Prisoner Employment Program (PEP)  which has been phased out.                                                               
This program included a variety  of employment opportunities such                                                               
as  laundry facilities,  furniture  making, and  sewing that  are                                                               
being phased out of the  Department of Corrections. She asked for                                                               
his views and the extent to which  DOLWD might be able to help in                                                               
reinstating some of those programs.                                                                                             
                                                                                                                                
COMMISSIONER  BISHOP offered  to follow  up and  have a  more in-                                                               
depth conversation on the issue.                                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES asked what  is happening with employment on                                                               
the  North  Slope,  in  the support  industry,  and  with  Alaska                                                               
residents versus out of state residents.                                                                                        
                                                                                                                                
COMMISSIONER BISHOP  answered DOLWD has  been working to  get the                                                               
numbers in those three areas.  Employment numbers are up overall,                                                               
and  he'd  seen  different  sets of  numbers  for  the  different                                                               
industries and  hoped to shortly  be able to answer  questions at                                                               
length.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  HOLMES  said she,  too,  had  seen a  variety  of                                                               
numbers,  and  it  would  be  helpful to  get  as  much  specific                                                               
information as possible.                                                                                                        
                                                                                                                                
COMMISSIONER   BISHOP  said,   as  an   example,  the   DOLWD  is                                                               
forecasting 1,800  new jobs  for the next  year. However,  he has                                                               
seen other  numbers in print from  the press that state  that the                                                               
job estimates  are 4,500-4,800. The  good news, he said,  is that                                                               
employment numbers  are up  when they were  expected to  be down.                                                               
The nonresident hire  report will be out soon which  will help to                                                               
enlighten everyone.                                                                                                             
                                                                                                                                
3:46:27 PM                                                                                                                    
SENATOR  MENARD asked  what was  being  done to  help keep  small                                                               
businesses from  going into foreclosure and  bankruptcy. She said                                                               
Alaska  is built  on  small  businesses and  in  Wasilla a  large                                                               
number  of businesses  have folded.  She  has said  that she  has                                                               
heard that there is not a program that works directly with them.                                                                
                                                                                                                                
COMMISSIONER  BISHOP  answered  the  DOLWD  has  worked  to  make                                                               
employees that are  owed wages whole when the  business they work                                                               
for  goes under.  DOLWD is  also involved  in creating  job clubs                                                               
with  individuals who  are knowledgeable  of  different types  of                                                               
businesses.                                                                                                                     
                                                                                                                                
3:49:01 PM                                                                                                                    
TOM  NELSON,   Deputy  Commissioner,  Department  of   Labor  and                                                               
Workforce   Development,  explained   that  the   DOLWD  provides                                                               
information and referrals for small  businesses that come through                                                               
the job center.  They can also connect them  with other essential                                                               
state services,  such as the  Department of  Commerce, Department                                                               
of Community  and Economic Development, and  others. He continued                                                               
by  explaining  that  they  also have  connection  to  the  Trade                                                               
Adjustment Act. This means that if  a small business has gone out                                                               
of business  because of, for  instance, foreign  competition they                                                               
have  the ability  to help  formulate a  petition to  the Federal                                                               
Government.  This can  make them  Trade Act  eligible which  will                                                               
allow   their  employees   to  be   eligible  for   services  and                                                               
retraining.                                                                                                                     
                                                                                                                                
He continued  that the DOLWD  also has smaller programs  that are                                                               
designed  for companies  that have  50  employees or  more or  49                                                               
employees or  less. These programs  are for lay off  aversion and                                                               
"rapid  response." Rapid  response  allows  them to  pro-actively                                                               
work  a company  before they  completely  shut down  in order  to                                                               
provide them  with information, referrals,  and aid  in beginning                                                               
the process of retraining.                                                                                                      
                                                                                                                                
3:50:22 PM                                                                                                                    
SENATOR MENARD returned to the  recent Trend Magazine publication                                                               
that  came  out in  2011.  At  the bottom  of  the  cover of  the                                                               
magazine it mentioned  the growth rate that  the Matanuska Valley                                                               
is  experiencing. She  asked whether  the  commissioner had  seen                                                               
this  article  and  could  comment   on  it  to  better  aid  her                                                               
colleagues in understand the growth rate they are experiencing.                                                                 
                                                                                                                                
COMMISSIONER BISHOP  replied he  would have  to re-read  the foot                                                               
note and follow up with a response.                                                                                             
                                                                                                                                
3:51:20 PM                                                                                                                    
REPRESENTATIVE  THOMPSON asked  if  there are  many companies  in                                                               
Alaska that are not purchasing workers compensation insurance.                                                                  
                                                                                                                                
COMMISSIONER  BISHOP answered  that,  yes, they  have found  some                                                               
companies that are not in compliance  and the DOLWD has made sure                                                               
that  they have  then purchased  workers compensation  insurance.                                                               
However, it has not appeared to be an epidemic.                                                                                 
                                                                                                                                
3:51:50 PM                                                                                                                    
REPRESENTATIVE  MILLER said  he  has had  several  of the  unions                                                               
visit  him  in his  office  throughout  the week.  One  prominent                                                               
recurring  concern  is  that  it  appears  that  when  a  general                                                               
contractor  is  awarded  a  new  contract,  especially  with  new                                                               
construction,  they   are  sub-contracting   independents.  These                                                               
independent folks  are somehow not  required or compelled  to buy                                                               
workers compensation. He asked if there  is any way that this can                                                               
be tracked, as there is no statute and no enforcement.                                                                          
                                                                                                                                
COMMISSIONER  BISHOP  replied  that  the DOLWD  does  have  fraud                                                               
investigators in regards to enforcement.  However, he agreed that                                                               
it is an issue though.                                                                                                          
                                                                                                                                
REPRESENTATIVE MILLER asked if this  is just a question, then, of                                                               
enforcement  and if  there are  statues that  could prevent  this                                                               
from happening.                                                                                                                 
                                                                                                                                
COMMISSIONER BISHOP answered  that he would need to  defer to his                                                               
division director.                                                                                                              
                                                                                                                                
3:53:43 PM                                                                                                                    
REPRESENTATIVE SEATON said  that two years ago a  program was set                                                               
into  place through  the University  of Alaska  (UA) through  the                                                               
Kenai Peninsula College for  pre-correction and pre-public safety                                                               
officers. This  allows rural  residents of  the area  can qualify                                                               
for those jobs  in their rural areas. He said  that he knows that                                                               
the program  has been full and  one of the problems  was ensuring                                                               
that state and  local agencies would give priority  to people who                                                               
have  certificates. He  asked  if the  commissioner  has had  any                                                               
interactions  on this  issue and  whether  they are  able to  get                                                               
local individuals  hired for jobs  available in  their community,                                                               
rather than bringing people from outside the area or the state.                                                                 
                                                                                                                                
COMMISSIONER BISHOP  answered that  he will do  a follow  up with                                                               
Commissioner Schmidt. He said that  he would like to know himself                                                               
as to whether  the state of Alaska is utilizing  its graduates as                                                               
intended by  the legislation on  education and training  that was                                                               
funded two years ago.                                                                                                           
                                                                                                                                
3:55:11 PM                                                                                                                    
COMMISSIONER BISHOP said that when  the Alaska Gasline Inducement                                                               
Act  (AGIA) training  plan was  completed there  were four  broad                                                               
strategies. Strategy  two was to  develop a  comprehensive Career                                                               
and Technical  Education (CTE)  plan for Alaska.  In less  than a                                                               
year  the  CTE  plan  was   completed.  This  plan  was  done  in                                                               
collaboration  with the  UA,  the Department  of  Labor, and  the                                                               
Department of Education and Early  Development. He explained that                                                               
one  of his  main goals  is to  try and  increase the  graduation                                                               
rates and to eliminate the  need for reeducation of students when                                                               
they go  to university. He  said the  UA Board of  Regents, State                                                               
Board of Education, and the DOLWD  have all found it of value and                                                               
he hopes that  the body will find the document  of value as well.                                                               
He said they  need to move forward and try  and implement the CTE                                                               
in order to try and increase the graduation rates.                                                                              
                                                                                                                                
He  explained that  he had  a company  tell him  that one  of the                                                               
reasons  they do  not  hire  more Alaskans  is  they cannot  find                                                               
enough qualified Alaskans. He has  been afforded a chance to talk                                                               
to this company  and plans on showing them how  to increase their                                                               
Alaska hire rates.  This has been documented  in the non-resident                                                               
hire report, which  fully embraces the concept of  what the DOLWD                                                               
is trying to implement. It can be done, and it does work.                                                                       
                                                                                                                                
4:00:12 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Egan adjourned the meeting at 4:00 p.m.                                                                                   

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