Legislature(2009 - 2010)BARNES 124
03/22/2010 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB377 | |
| HB363 | |
| HB412 | |
| HB383 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 377 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 412 | TELECONFERENCED | |
| += | HB 363 | TELECONFERENCED | |
| += | HB 383 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 22, 2010
3:23 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Mark Neuman, Vice Chair
Representative Bob Lynn
Representative Tammie Wilson
Representative Robert L. "Bob" Buch
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Mike Chenault
COMMITTEE CALENDAR
HOUSE BILL NO. 377
"An Act exempting certain volunteer work by amateur sports
officials from certain requirements of the Alaska Employment
Security Act."
- MOVED HB 377 OUT OF COMMITTEE
HOUSE BILL NO. 363
"An Act relating to the membership of the Alaska Industrial
Development and Export Authority."
- MOVED CSHB 363(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 412
"An Act establishing the Alaska microloan revolving fund; making
loans for commercial purposes from the fund; and relating to the
fund and loans; and providing for an effective date."
- MOVED HB 412 OUT OF COMMITTEE
HOUSE BILL NO. 383
"An Act relating to the powers and duties of the Department of
Natural Resources, including transferring certain powers and
duties to the Department of Commerce, Community, and Economic
Development."
- MOVED HB 383 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 377
SHORT TITLE: VOLUNTEER AMATEUR SPORTS OFFICIALS
SPONSOR(s): REPRESENTATIVE(s) STOLTZE
02/23/10 (H) READ THE FIRST TIME - REFERRALS
02/23/10 (H) L&C
03/22/10 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 363
SHORT TITLE: AIDEA MEMBERSHIP
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
02/23/10 (H) READ THE FIRST TIME - REFERRALS
02/23/10 (H) L&C
03/17/10 (H) L&C AT 3:15 PM BARNES 124
03/17/10 (H) Heard & Held
03/17/10 (H) MINUTE(L&C)
03/22/10 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 412
SHORT TITLE: MICROLOAN REVOLVING FUND
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/26/10 (H) READ THE FIRST TIME - REFERRALS
02/26/10 (H) L&C, FIN
03/17/10 (H) L&C AT 3:15 PM BARNES 124
03/17/10 (H) Heard & Held
03/17/10 (H) MINUTE(L&C)
03/22/10 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 383
SHORT TITLE: TRANSFER CERTAIN DNR DUTIES TO DCCED
SPONSOR(s): RAMRAS
02/23/10 (H) READ THE FIRST TIME - REFERRALS
02/23/10 (H) L&C, RES, FIN
03/19/10 (H) L&C AT 3:15 PM BARNES 124
03/19/10 (H) Heard & Held
03/19/10 (H) MINUTE(L&C)
03/22/10 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
REPRESENTATIVE Bill STOLTZE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 377 as the prime sponsor.
MORGAN HOPSON, Staff
Representative Bill Stoltze
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of HB 377.
GARY MATTHEWS, Executive Director
Alaska School Activities Association (ASAA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 377.
TOBY NANCY STEINBERGER, Assistant Attorney General
Labor and State Affairs Section
Department of Law (DOL)
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of HB 377.
ROB EARL, Staff
Representative Bob Herron
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the prime sponsor of
HB 363, House Community and Regional Affairs Standing Committee,
Representative Bob Herron, Chair.
REPRESENTATIVE JAY RAMRAS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as prime sponsor of HB 383 during
the discussion of HB 383.
MARGARET DOWLING, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions on behalf
of the prime sponsor of HB 383.
ACTION NARRATIVE
3:23:04 PM
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:23 p.m. Representatives Buch,
Holmes, T. Wilson, and Olson were present at the call to order.
Representatives Chenault, Neuman, and Lynn arrived as the
meeting was in progress.
HB 377-VOLUNTEER AMATEUR SPORTS OFFICIALS
3:23:20 PM
CHAIR OLSON announced that the first order of business would be
HOUSE BILL NO. 377, "An Act exempting certain volunteer work by
amateur sports officials from certain requirements of the Alaska
Employment Security Act."
3:23:33 PM
REPRESENTATIVE Bill STOLTZE, Alaska State Legislature, explained
that HB 377 would establish an exemption status for volunteer
amateur sports officials from the Alaska Employment Security
Act, negating unemployment tax liability. Under current state
law, amateur sports officials who receive any reimbursement for
their volunteer services must pay unemployment tax despite the
fact that compensation is only a minor stipend intended to
assist with the costs of attendance.
REPRESENTATIVE STOLTZE related that HB 377 reaches far beyond
his district. This bill is for small non-profits and school
organizations that use referees, primarily through associations.
He related that government requires the collection of
unemployment tax that has caused many issues. This bill has a
narrow focus which is to solve issue of how to allow sports
referees to continue to serve youth and other sports, not as
employees, but as volunteers receiving minor stipends for small
amounts of time. Collecting the tax inhibits small
organizations from functioning with score keepers and referees.
He said he is cognizant of "but not opening a big door" for
employee contracting.
3:26:15 PM
REPRESENTATIVE BUCH thought this bill is timely and long
overdue.
3:26:38 PM
MORGAN HOPSON, Staff, Representative Bill Stoltze, Alaska State
Legislature, explained that this bill is designed to help
volunteers who receive less than $1,500 per year for incidental
expenses. She explained that this bill would help amateur
sports officials who perform duties after school or during the
season, not as their main employment. These officials would be
exempt from unemployment insurance. Officials pay for many
expenses such as uniforms, classes, transportation, and
registration fees. This bill would create less work for the
amateur sports officials.
3:29:02 PM
REPRESENTATIVE T. WILSON asked how the sponsor arrived at the
$1,500 compensation limit.
MS. HOPSON explained that $1,500 is a federal limit before
unemployment insurance would need to be collected. This bill is
to cover people who perform duties part-time. Some people are
employed as fulltime referees or sports officials and this bill
would not provide them with an exemption from unemployment
insurance tax.
REPRESENTATIVE T. WILSON asked whether this would cover the
doctor or nurse required to be present at games as long as their
fees were under $1,500.
MS. HOPSON related that doctors and nurses are not covered under
the bill. This bill would only affect impartial sports
officials such as referees.
3:30:15 PM
REPRESENTATIVE HOLMES asked whether this bill excludes teachers.
She recalled that teachers coach a variety of sports after
school but are often employees of the school district.
MS. HOPSON agreed. She explained that the employment does not
include those who normally perform work as a teacher or coach.
MS. HOPSON, in response to Representative Buch, referred to the
language on page 6, lines 27-30.
3:31:34 PM
GARY MATTHEWS, Executive Director, Alaska School Activities
Association (ASAA), stated that ASAA strongly supports the bill.
He referred to the $1,500 limit to cover costs. He stated that
a football official must buy equipment and get licensed which
costs $400 to $500 to start the season. This sum does not
include transportation or other costs, he stated. He offered
his belief that the bill would pass muster with the federal
government. Over the years questions have arisen and since his
office licenses officials for youth leagues the office follows
the national federation rules. Many officials are members of
the local organizations and non-profit organizations. Some
sports officials, particularly in smaller communities, are not
affiliated with a group and do not belong to local sports
organizations. These volunteer sports officials are responsible
to train themselves. He related the ASAA does provide some
training materials to sports officials.
3:34:45 PM
MR. MATTHEWS stated ASAA supports this bill which will clarify
part-time sports officials with respect to unemployment
insurance tax. He offered his belief that this is crucial for
Alaska. He said he is happy this bill is getting a hearing.
His office in Anchorage receives many calls but cannot provide
legal advice to determine sports officials' status with the
Department of Labor & Workforce Development. He hoped the bill
passes so it can clarify the status of sports officials.
3:35:50 PM
REPRESENTATIVE HOLMES asked whether the Department of Law had
any concerns about the bill.
TOBY NANCY STEINBERGER, Assistant Attorney General, Labor and
State Affairs Section, Department of Law (DOL), answered that
she did not have any concerns at this time.
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 377.
3:36:41 PM
REPRESENTATIVE HOLMES related she has heard concerns from her
constituents about this issue. She stated that sports helps
adults and kids get moving. She thanked the sponsor for work on
this bill.
CHAIR OLSON agreed.
REPRESENTATIVE STOLTZE said many people are affected by the bill
although his office did not hear from lots of people. He
explained that many people appreciate the bill moving.
3:38:43 PM
REPRESENTATIVE LYNN moved to report HB 377 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 377 was reported from the House
Labor and Commerce Standing Committee.
3:39:24 PM
The committee took an at-ease from 3:39 p.m. to 3:41 p.m.
HB 363-AIDEA MEMBERSHIP
3:41:37 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 363, "An Act relating to the membership of the
Alaska Industrial Development and Export Authority."
3:41:44 PM
REPRESENTATIVE HOLMES moved to adopt the proposed committee
substitute (CS) for HB 363 labeled 26-LS1503\E, Cook, 3/19/10,
as the working document.
REPRESENTATIVE T. WILSON objected for the purpose of discussion.
3:42:10 PM
ROB EARL, Staff, Representative Bob Herron, Alaska State
Legislature, explained the changes contained in the proposed
committee substitute, Version E. The bill was previously heard
and the committee amended the bill to change the number of
public members to five and added the commissioners of the
Department of Revenue and Department of Commerce, Community, &
Economic Development as members of the Alaska Industrial
Development and Export Authority. He referred to page 2, lines
6-8, to the language "and/or industry" which was also previously
added to the bill by the committee. Lastly, on page 1, lines 6-
12, would add legislative intent language to provide
geographical representation.
3:43:39 PM
REPRESENTATIVE T. WILSON removed her objection.
3:43:51 PM
MR. EARL referred to page 1, line 7, and suggested the committee
add "and Export".
3:44:25 PM
REPRESENTATIVE NEUMAN made a motion to adopt Conceptual
Amendment 1, labeled #1, which read [original punctuation
provided]:
Page 1, line 7:
Following the word "Development"
Insert the words "and Export."
There being no objection, Conceptual Amendment 1 was adopted.
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 363.
3:45:13 PM
REPRESENTATIVE NEUMAN moved to report the proposed committee
substitute (CS) labeled 26-LS1503\E, Cook, 3/19/10, as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, the CSHB
363(L&C) was reported from the House Labor and Commerce Standing
Committee.
3:45:53 PM
The committee took an at-ease from 3:45 p.m. to 3:48 p.m.
HB 412-MICROLOAN REVOLVING FUND
3:48:37 PM
CHAIR OLSON announced that the next order of business would be,
HOUSE BILL NO. 412, "An Act establishing the Alaska microloan
revolving fund; making loans for commercial purposes from the
fund; and relating to the fund and loans; and providing for an
effective date."
3:48:41 PM
CHAIR OLSON related that public testimony was previously closed.
3:49:03 PM
REPRESENTATIVE NEUMAN moved to report HB 412 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 412 was reported from the
House Labor and Commerce Standing Committee.
3:49:37 PM
The committee took an at-ease from 3:49 p.m. to 3:51 p.m.
HB 383-TRANSFER CERTAIN DNR DUTIES TO DCCED
3:51:48 PM
CHAIR OLSON announced that the final order of business would be,
HOUSE BILL NO. 383, "An Act relating to the powers and duties of
the Department of Natural Resources, including transferring
certain powers and duties to the Department of Commerce,
Community, and Economic Development."
CHAIR OLSON stated the committee previously heard HB 383.
Public testimony was previously taken and was closed.
3:52:19 PM
REPRESENTATIVE NEUMAN explained that he spent considerable time
working with the Department of Natural Resources. He expressed
concern with the department's oversight over the Division of
Agriculture. He expressed concerns with the Agricultural
Revolving Loan Fund (ARLF) being depleted to cover operating
costs, which should be funded through the department. He
expressed further concern that people must be actively engaged
in agriculture to have a complete understanding of agriculture,
including the cyclical nature of farming. Managers of the ARLF
must have an understanding of the plight of farmers and work
with them. He asked for clarification on the transfer of the
banking function of ARLF.
REPRESENTATIVE JAY RAMRAS, Alaska State Legislature, stated that
under the bill the banking function would stay the same for
ARLF.
MARGARET DOWLING, Staff, Representative Jay Ramras, Alaska State
Legislature, on behalf of the prime sponsor, explained that
under HB 383, the structure of the Board of Agriculture &
Conservation (BAC) and ARLF would stay the same. At the time of
transfer to the Department of Commerce, Community, & Economic
Development (DCCED), the department would make a decision where
the BAC and ARLF would be located. She detailed that the board
members, the statutory language that enables the board and
provides authority remains the same. The structure of the ARLF
remains same. The bill does not make any changes to the
Division of Agriculture, but changes the departmental authority
to the DCCED.
3:56:50 PM
MS. DOWLING, in response to Representative Neuman, explained
that nothing would change with respect to the function of the
Division of Agriculture. This bill does not affect any of the
function, but would just replace the DNR in Title 3 with the
DCCED. The functions would stay the same, she stated.
3:57:57 PM
REPRESENTATIVE RAMRAS clarified that the intent is not to tinker
with the ALRF or the method of funding farmers, ranchers, and
dairy farmers. He stated that this bill is an effort to
reenergize the Division of Agriculture without disturbing the
ARLF. The DCCED manages five other revolving loan funds and is
sensitive to the constituency. He appreciated the concern, but
the intent is not to make it more difficult or change any of the
variables in how the ARLF operates.
3:58:54 PM
REPRESENTATIVE BUCH asked if the sponsor would walk through the
fiscal note and if this represents a transfer of funding.
REPRESENTATIVE RAMRAS stated that the fiscal impact was covered
at a previous hearing. The fiscal impact would be an increment
for the DCCED and a decrement for the DNR. Thus, the fiscal
note is neutral.
3:59:42 PM
REPRESENTATIVE T. WILSON remarked that she brought up the bill
at her constituent meetings and wanted to pass on comments. She
explained that her constituents did not believe that the
Division of Agriculture has received sufficient attention. Her
constituents expressed concern that the Division of Agriculture
offices were moved in Fairbank. She related that her
constituents believed that the transfer may bring stability to
the division and it "would not hurt to try."
4:00:29 PM
REPRESENTATIVE NEUMAN thought more leadership for the "top on
down" is a better way to go. He said, "I'm just not very
comfortable with this right now, Mr. Chair."
CHAIR OLSON related that the bill has two more committee
referrals.
4:01:43 PM
REPRESENTATIVE T. WILSON moved to report HB 383 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 383 was reported from the
House Labor and Commerce Standing Committee.
4:02:20 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:02 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB377 Fiscal Note-DOLWD-UI-03-18-10.pdf |
HL&C 3/22/2010 3:15:00 PM |
HB 377 |
| HB377 ver R.pdf |
HL&C 3/22/2010 3:15:00 PM |
HB 377 |
| CS HB363 ver E.pdf |
HL&C 3/22/2010 3:15:00 PM |
HB 363 |
| HB377 Independent Contractor or Employee Article.pdf |
HL&C 3/22/2010 3:15:00 PM |
HB 377 |
| HB377 Sponsor Statement ver R.pdf |
HL&C 3/22/2010 3:15:00 PM |
HB 377 |