Legislature(2013 - 2014)SENATE FINANCE 532

02/10/2014 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 93 TECHNICAL/VOCATIONAL EDUCATION PROGRAM TELECONFERENCED
Heard & Held
+ SB 71 PAYMENT OF FISHERY RESOURCE LANDING TAX TELECONFERENCED
Moved CSSB 71(FIN) Out of Committee
+ HB 193 MUNICIPAL TAXATION OF TOBACCO PRODUCTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 10, 2014                                                                                          
                         9:05 a.m.                                                                                              
                                                                                                                                
9:05:36 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer  called the Senate Finance  Committee meeting                                                                    
to order at 9:05 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Kevin Meyer, Co-Chair                                                                                                   
Senator Anna Fairclough, Vice-Chair                                                                                             
Senator Click Bishop                                                                                                            
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
David  Scott, Staff,  Senator  Donnie  Olson; Karen  Cleary,                                                                    
Project   Director,  Vocational   and  Technical   Education                                                                    
Center,  Prince of  Wales;  Kathy  Leary, Training  Manager,                                                                    
Ilisagvik   College,   Barrow;  Grey   Mitchell,   Assistant                                                                    
Commissioner,    Department   of    Labor   and    Workforce                                                                    
Development; Wanetta  Ayers, Director, Division  of Business                                                                    
Partnerships,    Department   of    Labor   and    Workforce                                                                    
Development;   Senator   Peter   Micciche;   Kathy   Hansen,                                                                    
Executive Director,  Southeast Alaska  Fisherman's Alliance;                                                                    
Dirk   Craft,  Staff,   Representative  Lance   Pruitt;  Tim                                                                    
Cottongim,  Revenue  and  Audit  Supervisor,  Department  of                                                                    
Revenue.                                                                                                                        
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Charles  Edwardson,  Southern   Southeast  Alaska  Technical                                                                    
Education  Center,  Ketchikan;  Fred  Villa,  University  of                                                                    
Alaska, Fairbanks; Daniel  Moore, Treasurer, Municipality of                                                                    
Anchorage,  Anchorage; Johanna  Bales, Deputy  Director, Tax                                                                    
Division, Department of Revenue.                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 71     PAYMENT OF FISHERY RESOURCE LANDING TAX                                                                               
                                                                                                                                
          CS SB  71(FIN) was REPORTED out  of committee with                                                                    
          a  "do  pass"  recommendation and  with  new  zero                                                                    
          fiscal  note  from  the  Department  of  Commerce,                                                                    
          Community,  and Economic  Development;  and a  new                                                                    
          indeterminate fiscal  note from the  Department of                                                                    
          Revenue.                                                                                                              
                                                                                                                                
SB 93     TECHNICAL/VOCATIONAL EDUCATION PROGRAM                                                                                
                                                                                                                                
          SB 93 was HEARD and  HELD in committee for further                                                                    
          consideration.                                                                                                        
                                                                                                                                
CSHB 193(FIN) MUNICIPAL TAXATION OF TOBACCO PRODUCTS                                                                            
                                                                                                                                
          CS  HB 193(FIN)  was HEARD  and HELD  in committee                                                                    
          for further consideration.                                                                                            
                                                                                                                                
SENATE BILL NO. 93                                                                                                            
                                                                                                                                
     "An Act extending the unemployment contributions for                                                                       
     the   Alaska   technical   and   vocational   education                                                                    
     program."                                                                                                                  
                                                                                                                                
9:06:58 AM                                                                                                                    
                                                                                                                                
Senator Olson  explained that  The Technical  and Vocational                                                                    
Education Fund (TVEP) authorized  under AS 23.15.840 sunsets                                                                    
on June  30, 2014.   He felt  it was  important legislation,                                                                    
because  there   were  some   capital  projects   that  were                                                                    
considered, based on the passage of the legislation.                                                                            
                                                                                                                                
DAVID SCOTT, STAFF, SENATOR DONNIE  OLSON, stated that SB 93                                                                    
extends  the sunset  date  to  June 30,  2024.  In 2000  the                                                                    
Alaska  Legislature  created  the  Training  and  Vocational                                                                    
Education  Program   to  provide  financial   assistance  to                                                                    
support  facilities   throughout  the  state   that  provide                                                                    
technical  and educational  programs  for industry  specific                                                                    
training.  Alaska was  experiencing unemployment  rates that                                                                    
were reaching  to above 50  percent of the  national average                                                                    
in 2008.  With large  projects on the  horizon, there  was a                                                                    
clear  need for  a trained,  resident work  force. The  TVEP                                                                    
program  was   extended  to  provide  training   to  Alaskan                                                                    
residents  to  help reduce  the  unemployment  rate and  put                                                                    
Alaskan  residents to  work. Figures  released on  March 14,                                                                    
2013 by  the Department  of Labor and  Workforce Development                                                                    
(DLWD)  indicated  that  unemployment rates  in  Alaska  for                                                                    
December  of  2012  were 6.6  percent,  while  the  national                                                                    
average was 8.1  percent. Alaska has had  a consistent lower                                                                    
rate  than  the  national  average for  the  past  forty-six                                                                    
months, indicating the effectiveness  of this program. Funds                                                                    
for  the  TVEP program  are  appropriated  from amounts  the                                                                    
state collects in unemployment  insurance contributions at a                                                                    
rate  of  0.15  percent   and  are  allocated  according  to                                                                    
statute. The more we can train  our youth, as they enter the                                                                    
work force, the more we  will re-enforce the desirability of                                                                    
staying  in Alaska  as part  of a  highly skilled,  resident                                                                    
work force. The  last five years has shown  this Fund works.                                                                    
We  can double  the effectiveness  with ten  more years.  He                                                                    
stated that  there were three  fiscal notes attached  to the                                                                    
bill. He  also noted  some documents  that were  included in                                                                    
the members' files.                                                                                                             
                                                                                                                                
Senator Dunleavy noticed  that the sunset date  was June 30,                                                                    
2014, and wondered if the  reauthorization would be the same                                                                    
date.  Mr. Scott  assumed that  the  bill would  need to  be                                                                    
amended to include an immediate effective date.                                                                                 
                                                                                                                                
Senator Dunleavy  observed that there may  be adjustments to                                                                    
the  actual  funding,  if  the  effective  date  fell  on  a                                                                    
different fiscal year than the sunset date.                                                                                     
                                                                                                                                
Co-Chair  Meyer wondered  if the  funding was  strictly from                                                                    
the private sector. Mr. Scott responded in the affirmative.                                                                     
                                                                                                                                
Co-Chair Meyer  asked if the  bill requested an  increase in                                                                    
funding. Mr. Scott  replied that the bill  was only intended                                                                    
to renew the program.                                                                                                           
                                                                                                                                
9:11:29 AM                                                                                                                    
                                                                                                                                
KAREN  CLEARY, PROJECT  DIRECTOR,  VOCATIONAL AND  TECHNICAL                                                                    
EDUCATION CENTER,  PRINCE OF WALES, testified  in support of                                                                    
SB 93.  She requested  that the  Prince of  Wales Vocational                                                                    
and  Technical Center  be  added to  the  list of  qualified                                                                    
regional technical  centers to receive the  funding referred                                                                    
to in  SB 93, in the  same percentage as the  other regional                                                                    
technical centers of 3 percent.                                                                                                 
                                                                                                                                
Co-Chair Meyer wondered what percentage  of funding that the                                                                    
Prince of  Wales Vocational  and Technical  Center received.                                                                    
Ms. Cleary  responded that  they were  not currently  on the                                                                    
list, because it was a new center.                                                                                              
                                                                                                                                
Senator Olson queried the population  of Klawock. Ms. Cleary                                                                    
replied that  Klawock had  750 people,  and Prince  of Wales                                                                    
Island had approximately 5,500  people. The technical center                                                                    
served the entire island.                                                                                                       
                                                                                                                                
Senator Olson  wondered if  Prince of  Wales Island  had jet                                                                    
service. Ms. Cleary responded that  there was ferry service,                                                                    
and small commuter aircrafts.                                                                                                   
                                                                                                                                
Senator Olson  wondered if  there was  a dormitory  to house                                                                    
students for  the technical center. Ms.  Cleary replied that                                                                    
the initial  objective for the  center was to  offer courses                                                                    
for the residents  of the island. She furthered  that it was                                                                    
intended for the students to build  a dormitory on site at a                                                                    
later date.                                                                                                                     
                                                                                                                                
Senator  Olson   queried  the  selection  process   for  the                                                                    
teachers. Ms.  Cleary replied that there  were some teachers                                                                    
that were  employed through the  school district,  and there                                                                    
were  also  some  distance   learning  options  through  the                                                                    
University of Alaska (UA).                                                                                                      
                                                                                                                                
Senator  Bishop wondered  what kind  of courses  were to  be                                                                    
offered in  the technical  center. Ms. Cleary  replied there                                                                    
was  an  extensive  needs  assessment  before  the  building                                                                    
plans.  She  stated  that  there  were  courses  for  mining                                                                    
safety;  welding; health  care  professions;  and water  and                                                                    
wastewater treatment certifications  for municipalities. She                                                                    
stressed  that  the  technical   center  would  be  tailored                                                                    
specifically  to the  needs of  the  municipalities and  the                                                                    
industry on Prince of Wales Island.                                                                                             
                                                                                                                                
Senator   Bishop    wondered   if   there    were   industry                                                                    
partnerships.  Ms.  Cleary  replied  that  there  were  many                                                                    
industry  partners  on  the  board  of  directors,  and  she                                                                    
explained   that  they   were   waiting  for   the  501   C3                                                                    
authorization from the federal  government to use the Alaska                                                                    
corporate tax structure to encourage industry partnerships.                                                                     
                                                                                                                                
Co-Chair  Meyer wondered  what types  of mining  occurred in                                                                    
Prince of Wales Island. Ms.  Cleary responded that there was                                                                    
intent to  open gold and  rare earth mines. She  stated that                                                                    
the mines  were in the  permitting stages, and  were already                                                                    
hiring personnel.                                                                                                               
                                                                                                                                
9:16:20 AM                                                                                                                    
                                                                                                                                
Senator  Olson asked  if the  technical center  was involved                                                                    
with   the  Ketchikan   Technical   Institute.  Ms.   Cleary                                                                    
responded  the center  was not  directly involved  with that                                                                    
institute, because  they were a self-contained  college. She                                                                    
furthered  that  there  were   plans  to  partner  with  the                                                                    
institute in the future.                                                                                                        
                                                                                                                                
Vice-Chair  Fairclough remarked  that the  percentages total                                                                    
to  100 percent,  so adding  another entity  to the  program                                                                    
would   result   in   extracting  percentages   from   other                                                                    
organizations.                                                                                                                  
                                                                                                                                
Co-Chair Kelly  felt that there  was a  flaw in the  list of                                                                    
technical centers.  He furthered  that the list  included UA                                                                    
and  UAS. He  stated  that the  universities were  included,                                                                    
because  UAS  did  not  have  programs  that  included  some                                                                    
programs that were  offered on other campuses.  He felt that                                                                    
removing UAS from  the list would not  impact their funding,                                                                    
because they  would receive funding  through the  overall UA                                                                    
budget.                                                                                                                         
                                                                                                                                
Senator  Olson stated  that  he  remembered those  political                                                                    
discussions.                                                                                                                    
                                                                                                                                
9:19:55 AM                                                                                                                    
                                                                                                                                
KATHY  LEARY, TRAINING  MANAGER, ILISAGVIK  COLLEGE, BARROW,                                                                    
testified in support of SB  93. She requested that Ilisagvik                                                                    
College  be  included  in  the  list  of  regional  training                                                                    
centers to  receive funding. She  stated that  the Ilisagvik                                                                    
College  offered various  forms of  training, including  247                                                                    
classes,  which  served  a  total   of  1877  students.  She                                                                    
stressed that the total  included duplicate numbers, because                                                                    
some students  took more than  one certification  to enhance                                                                    
employment  capability. In  addition to  short-term classes,                                                                    
the  college offered  its regular  vocational and  technical                                                                    
education   programs   for  heavy   equipment,   electrical,                                                                    
plumbing, welding,  commercial driver's licenses,  and other                                                                    
various certifications within the industry.                                                                                     
                                                                                                                                
9:24:03 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer wondered if she  had a recommended percentage                                                                    
Ms. Leary responded  that she would like 10  percent for her                                                                    
program.                                                                                                                        
                                                                                                                                
Senator Olson  remarked that  UA did  not have  an operating                                                                    
budget  that included  Ilisagvik  College.  He wondered  how                                                                    
many students  were transfer students,  and where  from they                                                                    
were transferring.  Ms. Leary  responded that  many students                                                                    
were  from  the  North  Slope  villages,  and  much  of  the                                                                    
training  was conducted  in  those  villages. She  announced                                                                    
that there  were students from  the Northwest  Arctic region                                                                    
villages.   She  stressed   that   the   college  tried   to                                                                    
consolidate the  classes in  order to  leverage the  cost of                                                                    
the classes.                                                                                                                    
                                                                                                                                
Senator Olson wondered  if students must be  native in order                                                                    
to  be  admitted to  the  college.  Ms. Leary  replied  that                                                                    
admissions  were  open to  anyone,  and  explained that  the                                                                    
college received federal  funds based on a  number of native                                                                    
students attending the college.                                                                                                 
                                                                                                                                
Senator Olson surmised  that the college was  open to native                                                                    
and  non-native   students.  Ms.  Leary  agreed   with  that                                                                    
summation.                                                                                                                      
                                                                                                                                
Senator  Bishop  asked  for  a couple  of  examples  of  the                                                                    
college's industry  partnerships, and  if they  were in-kind                                                                    
or cash  partnerships. Ms. Leary responded  that the college                                                                    
partnered  with many  companies in  the industry,  including                                                                    
Umiak and  Arctic Slope  Regional Corporation  (ASRC) Energy                                                                    
Services and contracts with  producers to provide personnel.                                                                    
She stated  that the college  provided instruction,  and the                                                                    
industry  usually  provided  travel  and  lodging,  or  vice                                                                    
versa.                                                                                                                          
                                                                                                                                
Senator Bishop  queried the college's relationship  with the                                                                    
North  Slope Borough.  Ms. Leary  responded  that there  was                                                                    
extensive work  with the borough and  its employees whenever                                                                    
requested.                                                                                                                      
                                                                                                                                
9:29:55 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  queried  the   employment  success  of  the                                                                    
graduates  of  the  center.  Ms.   Leary  replied  that  the                                                                    
students were  generally successful. The students  that were                                                                    
in  intended  for  the  Alaska  Trucking  Association  (ATA)                                                                    
industry were  granted a Commercial Driver's  License (CDL),                                                                    
so they had a better chance of placement.                                                                                       
                                                                                                                                
CHARLES  EDWARDSON,  SOUTHERN   SOUTHEAST  ALASKA  TECHNICAL                                                                    
EDUCATION CENTER, KETCHIKAN  (via teleconference), testified                                                                    
in support of  SB 93. He remarked that the  center was fully                                                                    
staffed  and a  strong  current student  base. He  announced                                                                    
that the  center had been  in operation for over  two years,                                                                    
and   had   $3.3   million   state   capital   appropriation                                                                    
investment.  The  center  was  completed in  2010  with  the                                                                    
construction  academy trainees  and apprentices.  The center                                                                    
had served  nearly 100 Ketchikan residents  annually for the                                                                    
two prior  years. The  center was awarded  a grant  from the                                                                    
state to administer the  Ketchikan Construction Academy. The                                                                    
first group  of trainees  from the  center graduated  in May                                                                    
2013.  The center  was working  collaboratively  with UA  in                                                                    
Ketchikan  and local  school districts.  He stated  that the                                                                    
center provided  a continuum of  services that  included all                                                                    
Southeast Alaska  learners who chose vocational  training as                                                                    
a career path.  The center's goal was to be  included in the                                                                    
bill's funding  at 3 percent.  He stated that  the inclusion                                                                    
would allow the center to  spread the programs to the entire                                                                    
community.  He announced  that there  would  be a  dormitory                                                                    
complete in  April 2014,  and was funded  by a  $2.2 million                                                                    
grant  from  the  state  through   the  capital  budget.  He                                                                    
stressed  that  the center  worked  with  the industry.  The                                                                    
industry  had  expressed   challenges  with  recruiting  and                                                                    
retaining  residents  because  of  workforce  behaviors.  He                                                                    
stated  that  the  center's dormitory  would  have  a  fully                                                                    
staffed  social  services   department  that  would  address                                                                    
workforce behaviors.                                                                                                            
                                                                                                                                
9:38:30 AM                                                                                                                    
                                                                                                                                
Senator Olson  asked if Mr.  Edwardson would be in  favor of                                                                    
including his center  in the TVEP program,  and wondered how                                                                    
that would be balanced with  the private sector funding. Mr.                                                                    
Edwardson replied  that the governor  had a bill  that would                                                                    
allow private  industry to  invest directly  into vocational                                                                    
training centers  for direct services. He  stressed that the                                                                    
center currently  had a federal funding  stream that allowed                                                                    
the  center  to leverage  with  state  funds. He  felt  that                                                                    
reallocating the  funding formula was a  delicate issue, but                                                                    
the  history of  the bill  reflected expansion.  He remarked                                                                    
that the  unemployment tax increase  was a direct  result of                                                                    
vocational training.                                                                                                            
                                                                                                                                
9:42:31 AM                                                                                                                    
                                                                                                                                
FRED   VILLA,   UNIVERSITY   OF   ALASKA,   FAIRBANKS   (via                                                                    
teleconference),  explained  that  that  the  University  of                                                                    
Alaska Technical Education program  provided grants for high                                                                    
demand career and technical  education for industry specific                                                                    
on-the-job  and  classroom  training. The  TVEP  funds  were                                                                    
managed as a  single allocation to initiate  or enhance high                                                                    
priority  workforce development  programs. The  funding must                                                                    
meet  the following  criteria  within  UA's allocations:  1)                                                                    
high  demand  or  regional  workforce  needs;  2)  increased                                                                    
access  and flexibility  of training  delivery; 3)  improved                                                                    
persistence   of   educational  progress   associated   with                                                                    
workforce  development; and  4) formal  collaboration across                                                                    
the university  system by expanding partnerships.  The three                                                                    
priority  areas   that  UA  specifically   provided  through                                                                    
educational pathways  which included dual  credit; technical                                                                    
preparation  for students  transitioning  from high  school,                                                                    
military, or other walks of  life; economic development; and                                                                    
addressed  the high  demand jobs  identified  by the  Alaska                                                                    
Workforce  Development Board  as state  priority industries.                                                                    
The  funding  distribution  was such  that  any  application                                                                    
within the university and  university partnerships must meet                                                                    
the criteria  vetted through  the university  campus; ranked                                                                    
and  tiered;   and  then  presented  to   a  committee  that                                                                    
discusses,   negotiates,  and   evaluates  the   program  to                                                                    
determine  the state,  university, and  regional priorities.                                                                    
Those recommendations  were presented to the  president, who                                                                    
then authorizes the allocations.                                                                                                
                                                                                                                                
Co-Chair Meyer  referred to a question  from Co-Chair Kelly,                                                                    
and felt that the 5  percent allocation for UAS was properly                                                                    
addressed.                                                                                                                      
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
9:52:11 AM                                                                                                                    
                                                                                                                                
GREY MITCHELL,  ASSISTANT COMMISSIONER, DEPARTMENT  OF LABOR                                                                    
AND WORKFORCE DEVELOPMENT, introduced himself.                                                                                  
                                                                                                                                
WANETTA AYERS, DIRECTOR,  DIVISION OF BUSINESS PARTNERSHIPS,                                                                    
DEPARTMENT  OF LABOR  AND WORKFORCE  DEVELOPMENT, introduced                                                                    
herself.                                                                                                                        
                                                                                                                                
Mr. Mitchell  announced that the Department  of Labor (DLWD)                                                                    
supported  the reauthorization  of  TVEP.  He remarked  that                                                                    
DLWD  did   not  want  to  participate   in  the  discussion                                                                    
regarding who  should share  in the  fund. He  stressed that                                                                    
DLWD  would like  to  see some  elements  in the  governor's                                                                    
proposed legislation  that included  articulation agreements                                                                    
for dual  credits and reporting  accountability requirements                                                                    
for TVEP recipients.                                                                                                            
                                                                                                                                
Co-Chair Meyer  noted that there  were many new  groups that                                                                    
asked to be a part of  TVEP, and queried DLWD's viewpoint on                                                                    
those additional  groups. Mr.  Mitchell responded  that DLWD                                                                    
did  not have  a  position with  respect  to those  parties'                                                                    
request.  He   stressed  that  DLWD  was   in  a  precarious                                                                    
position, because  AVTEC, which is  part of DLWD, is  a TVEP                                                                    
recipient.  He remarked  that DLWD  was careful  to distance                                                                    
itself  from   the  discussion,  because  of   the  possible                                                                    
conflict of interest.                                                                                                           
                                                                                                                                
Vice-Chair  Fairclough   looked  at  the  fiscal   note  and                                                                    
remarked that flat funding was  anticipated. She wondered if                                                                    
DLWD   had   anticipated   additional  revenues   from   the                                                                    
unemployment tax. Mr. Mitchell  replied that the fiscal note                                                                    
assumed  no changes  in the  unemployment contributions.  He                                                                    
furthered  that   it  was   difficult  to   calculate  exact                                                                    
unemployment  contributions,  so  rather than  determine  an                                                                    
inaccurate calculation,  the fiscal note assumed  no changes                                                                    
from the FY 14 level.                                                                                                           
                                                                                                                                
Vice-Chair  Fairclough  requested  that  DLWD  provide  more                                                                    
accurate  proposed numbers.  She felt  that the  increase in                                                                    
wage and income should be  reflected in the fiscal note. Mr.                                                                    
Mitchell replied  that DLWD was currently  composing a chart                                                                    
that would display accurate numbers.                                                                                            
                                                                                                                                
9:58:12 AM                                                                                                                    
                                                                                                                                
Senator  Bishop  agreed   with  Vice-Chair  Fairclough,  and                                                                    
wondered  if there  could be  an analysis  of projected  job                                                                    
growth for Southeast and the North Slope.                                                                                       
                                                                                                                                
Co-Chair  Meyer   wondered  if   the  training   areas  were                                                                    
adequately covered  across the  private and  public training                                                                    
centers. Mr.  Mitchell responded that DLWD  had an inventory                                                                    
of the  training providers  in the  state. He  stressed that                                                                    
training was critical to a strong workforce in Alaska.                                                                          
                                                                                                                                
Ms.   Ayers   announced   that   the   issue   of   training                                                                    
infrastructure  in  new  places   was  the  reason  for  the                                                                    
increase in  requests for funding.  She stated that  part of                                                                    
the oversight was to advise the governor and legislature.                                                                       
                                                                                                                                
Co-Chair Meyer  desired to see  the report. He wanted  to be                                                                    
sure that  the state  was getting  value from  the technical                                                                    
education training centers.                                                                                                     
                                                                                                                                
Senator Hoffman  noted that the total  training participants                                                                    
had been  identified, and saw  that those  participants were                                                                    
employed  in  Alaska  just  one   year  after  training.  He                                                                    
wondered   if   the    additional   reporting   requirements                                                                    
specifically  for  TVEP,  and   asked  if  the  requirements                                                                    
included  better   information  to  evaluate   the  existing                                                                    
programs  that were  receiving funds.  Mr. Mitchell  replied                                                                    
that   there  would   be  a   report  for   the  dual-credit                                                                    
arrangements  that the  training  providers  would have.  He                                                                    
stressed  that   high  school   students  should   have  the                                                                    
opportunity  to  participate   in  the  vocational  training                                                                    
programs to earn college or  high school credit. He remarked                                                                    
that, in  Alaska, four  out of  five jobs  do not  require a                                                                    
college degree.                                                                                                                 
                                                                                                                                
10:04:32 AM                                                                                                                   
                                                                                                                                
Senator  Olson  inquired  the administration's  position  on                                                                    
changing   the  rate.   He  remarked   that  the   rate  was                                                                    
reauthorized to curb some of  the former unemployment rates.                                                                    
Mr.  Mitchell  replied  that the  administration  wanted  to                                                                    
maintain the rate as it  was currently producing information                                                                    
to show what the impact would be.                                                                                               
                                                                                                                                
Senator  Olson understood  that the  program had  been fully                                                                    
funded,  but  then  was suspended  because  of  the  current                                                                    
unemployment  rate.  Mr.  Mitchell  responded  that  Senator                                                                    
Olson may be referring to  the reduction in the unemployment                                                                    
insurance tax that occurred  during the previous legislative                                                                    
session.  He agreed  that the  Unemployment Insurance  Trust                                                                    
Fund  was healthy,  and stated  that the  formulas from  the                                                                    
previous  legislative session  allowed for  some refunds  to                                                                    
employers.                                                                                                                      
                                                                                                                                
Senator  Bishop  stated  that the  refunds  were  issued  to                                                                    
employers and employees.                                                                                                        
                                                                                                                                
Senator Olson announced that TVEP  was a successful program.                                                                    
He felt their success should be rewarded with more success.                                                                     
                                                                                                                                
SB  93  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
SENATE BILL NO. 71                                                                                                            
                                                                                                                                
     "An Act relating to the filing date for the final                                                                          
     quarterly payment of, and to the assessment of                                                                             
    penalties under, the fishery resource landing tax."                                                                         
                                                                                                                                
10:10:17 AM                                                                                                                   
                                                                                                                                
Vice-Chair Fairclough MOVED to  ADOPT the proposed committee                                                                    
substitute  for  CS  SB 71  (FIN),  Work  Draft  28-LS0594\N                                                                    
(Bullard,  2/7/14).  There being  NO  OBJECTION,  it was  so                                                                    
ordered.                                                                                                                        
                                                                                                                                
SENATOR PETER MICCICHE, explained  that SB 71 was introduced                                                                    
to repair glitches in the  landing resource tax statutes and                                                                    
regulations  that  were  requiring  the  payment  of  unfair                                                                    
penalties and  interest by commercial fishermen.  Section on                                                                    
aligned the date that the  resource landing tax was due with                                                                    
the date  that the statewide  average fish price  report was                                                                    
released.  Currently  the  tax   was  due  before  April  1,                                                                    
however, the statewide average fish  price report, which was                                                                    
calculated by the Department of  Fish and Game (DFG) was not                                                                    
always  released  by  that time.  While  the  Department  of                                                                    
Revenue (DOR) can  grant an automatic extension  to file the                                                                    
landing tax return  if the report was not  released at least                                                                    
30 days prior to the due  date, this did not extend the time                                                                    
for  payment of  the  tax so  penalties  and interest  could                                                                    
occur. Section  2 of the  legislation still  maintained that                                                                    
one must  pay at  least 100 percent  of the  previous year's                                                                    
tax  liability  or at  least  90  percent of  the  estimated                                                                    
amount owed but took out  the requirement for equal payments                                                                    
each quarter and lets commercial  fishermen pay tax based on                                                                    
the earning  s for  the quarter.  Depending on  the fishery,                                                                    
the current  statute required payment  of 50 percent  of the                                                                    
landing  taxes before  they had  even  left the  dock to  go                                                                    
fishing.                                                                                                                        
                                                                                                                                
10:15:25 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer looked  at Section  3, and  noted the  three                                                                    
different  methods  of  making  tax payment.  He  asked  for                                                                    
further  explanation  of   that  section.  Senator  Micciche                                                                    
deferred to Mr. Cottongim.                                                                                                      
                                                                                                                                
TIM COTTONGIM,  REVENUE AND AUDIT SUPERVISOR,  DEPARTMENT OF                                                                    
REVENUE,  stated  that  the  calculation  in  sub-Section  3                                                                    
required the  processor to determine the  amount of activity                                                                    
for  each  quarter.  In  calculating  the  tax,  they  would                                                                    
determine the amount of pounds  landed in each quarter. They                                                                    
would   then  take   the  number   pounds  landed   for  the                                                                    
unprocessed   resource;  identify   the   last  posted   DOR                                                                    
statewide average  price list; calculated the  value for the                                                                    
resource using the prices for  each of the species that they                                                                    
landed;  and  take that  value  and  multiply  it by  the  3                                                                    
percent tax  rate, taking  90 percent  of that  result which                                                                    
would be their installment.                                                                                                     
                                                                                                                                
Vice-Chair  Fairclough looked  at  Section 3,  line 20.  She                                                                    
noted that if a tax payer  had to choose a method each year,                                                                    
the tax payer  may get caught by not choosing.  She asked if                                                                    
there had  been a  conversation regarding  the same  form of                                                                    
the tax method  from a previous year  moving forward, versus                                                                    
the annual  paperwork requirement  to inform  the department                                                                    
of one's  actions. Mr. Cottongim  responded that  the option                                                                    
to  notify the  department by  March 31  each year  was only                                                                    
necessary if  the applicant  chose the  last E-3  option. He                                                                    
remarked  that DOR  was always  looking to  see if  they had                                                                    
fulfilled  the two  requirements through  safe harbors.  The                                                                    
third  option  would  be particularly  challenging  for  the                                                                    
taxpayer, so  it was thought  that the paperwork  could give                                                                    
the tax payer an opportunity  to be better prepared and know                                                                    
that they would  be required to make  those calculations. It                                                                    
also  allowed for  DOR  to prepare,  because  DOR needed  to                                                                    
verify that the calculations were correct.                                                                                      
                                                                                                                                
Vice-Chair  Fairclough   stated  that   she  would   have  a                                                                    
discussion with the sponsor off the record.                                                                                     
                                                                                                                                
Senator  Micciche announced  that fisheries  were constantly                                                                    
changing,  and   remarked  that  many  of   them  fished  in                                                                    
different  quarters throughout  the year  or participate  in                                                                    
different fisheries across the state.                                                                                           
                                                                                                                                
Vice-Chair Fairclough wondered if  there was any consistency                                                                    
in removing  that particular paperwork  requirement. Senator                                                                    
Micciche replied  that there could  be some work  saved, but                                                                    
stressed  that the  fishery would  be in  communication with                                                                    
DOR regardless of the paperwork requirement.                                                                                    
                                                                                                                                
10:20:37 AM                                                                                                                   
                                                                                                                                
KATHY   HANSEN,   EXECUTIVE   DIRECTOR,   SOUTHEAST   ALASKA                                                                    
FISHERMANS ALLIANCE,  testified that  the bill  would affect                                                                    
some  of the  members  of the  Southeast Alaska  Fisherman's                                                                    
Alliance. She  felt that  the legislation  was a  simple fix                                                                    
that aligned  the reporting date  and the actual  payment of                                                                    
the taxes  so that the  tax payer did not  automatically pay                                                                    
interest and penalties every year.  She felt that the glitch                                                                    
was  developed  over  time,  and spoke  in  support  of  the                                                                    
legislation.  She noted  the E-3  requirement regarding  the                                                                    
four installments  calculated quarterly, and  announced that                                                                    
many of  the fishermen  preferred that method,  because they                                                                    
were  paying  on  what  they had  actually  earned  in  that                                                                    
quarter. She  stated that the  fisheries that  were required                                                                    
to pay a  fishery landing tax would be allowed  an option to                                                                    
pay in accordance with what they were actually catching.                                                                        
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
10:23:47 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer  looked at the zero  and indeterminate fiscal                                                                    
notes.  He noted  that there  would be  some revenue  in the                                                                    
form of  late payments,  and remarked  that there  was total                                                                    
revenue of $17,954 for FY 13  and $9,000 for FY 12. He asked                                                                    
why  there was  an almost  doubling in  revenue in  just one                                                                    
year.  Senator   Micciche  responded   that  the   beta  for                                                                    
fisheries  can change  dramatically  from year  to year.  He                                                                    
stressed that  individuals and  fisheries should  be charged                                                                    
late  fees that  have  control over  timing  and filing.  He                                                                    
stressed that  the vast  majority of  the current  fees were                                                                    
because of  conditions that could  not be controlled  by the                                                                    
fisheries.                                                                                                                      
                                                                                                                                
Co-Chair Meyer  wondered to whom the  bill directly applied.                                                                    
Senator  Micciche replied  that the  legislation applied  to                                                                    
fishermen and processors that were  responsible for paying a                                                                    
landing tax in Alaska.                                                                                                          
                                                                                                                                
Senator Olson  looked at Section  3, line 14,  regarding the                                                                    
installments  that were  outlined.  He  wondered if  Senator                                                                    
Micciche   agreed   that   the  fishermen   supported   that                                                                    
installment plan. Senator Micciche  replied that he believed                                                                    
that the  fishermen supported the installment  plan, because                                                                    
of the flexibility.  He stressed that it  was most important                                                                    
for fisheries and processors to pay their landing taxes.                                                                        
                                                                                                                                
Senator  Bishop felt  that the  bill would  have a  positive                                                                    
effect on some smaller processors with a smaller cash flow.                                                                     
                                                                                                                                
Co-Chair Meyer  wondered when there  would be a  true-up. If                                                                    
the 90 percent  were paid, but the estimate  needed to match                                                                    
up  with  the  actual  revenue   at  a  certain  point.  Mr.                                                                    
Cottongim replied  that the true-up  would occur at  the end                                                                    
of the year,  when the fishery or processor  files their tax                                                                    
return.                                                                                                                         
                                                                                                                                
Vice-Chair Fairclough  MOVED to  ADOPT Amendment 1  (copy on                                                                    
file):                                                                                                                          
                                                                                                                                
     Section 3, letter (e), number (1):                                                                                         
     after "preceding" insert the word "or"                                                                                     
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Vice-Chair Fairclough MOVED  to REPORT CS SB  71(FIN) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
CS  SB 71(FIN)  was REPORTED  out  of committee  with a  "do                                                                    
pass" recommendation and with new  zero fiscal note from the                                                                    
Department    of   Commerce,    Community,   and    Economic                                                                    
Development; and  a new indeterminate  fiscal note  from the                                                                    
Department of Revenue.                                                                                                          
                                                                                                                                
10:29:21 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:30:21 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
CS FOR HOUSE BILL NO. 193(FIN)                                                                                                
                                                                                                                                
     "An Act relating to the joint administration of                                                                            
     tobacco taxes by the state and a municipality."                                                                            
                                                                                                                                
10:31:15 AM                                                                                                                   
                                                                                                                                
DIRK CRAFT,  STAFF, REPRESENTATIVE LANCE  PRUITT, introduced                                                                    
SB  193. He  stated  that  Passage of  CS  HB  193 seeks  to                                                                    
promote  greater  cooperation   and  reciprocal  information                                                                    
sharing  between State  and  local  jurisdictions in  Alaska                                                                    
resulting  in   more  efficient  and   effective  oversight,                                                                    
enforcement  and collection  of  commonly assessed,  legally                                                                    
due taxes (e.g., tobacco tax and rental vehicle tax).                                                                           
The result  of information  sharing between State  and local                                                                    
jurisdictions  is   that  tax  evasion  by   businesses  and                                                                    
individuals will be less likely  to occur, thereby promoting                                                                    
a   more  competitive   business  environment   for  Alaskan                                                                    
businesses  and  decreasing   tax  subsidization  caused  by                                                                    
willful tax  evaders who otherwise  shift the tax  burden to                                                                    
law  abiding   citizens.  Such  joint   information  sharing                                                                    
between state and local government  is a commonly authorized                                                                    
practice in  many other state statutes.  The proposed change                                                                    
to state  statutes is comprised  of two sections.  The first                                                                    
section   amends   existing   language  to   add   political                                                                    
subdivisions  of the  State  to the  list  of entities  with                                                                    
which  the State  can share  information. Implementation  is                                                                    
expected to  be cost  neutral and should  produce additional                                                                    
revenue  through shared  results  of  discovery efforts  and                                                                    
audits. The second  section of the CS HB  193 authorizes the                                                                    
State of Alaska Department  of Revenue (Department) to enter                                                                    
into  an agreement  such as  a  Memorandum of  Understanding                                                                    
(MOU)  with a  municipality, authorizing  the Department  to                                                                    
act as central administrator  of any potential joint tobacco                                                                    
tax  stamp  program  which  meets  their  economy  of  scale                                                                    
criteria.  The purpose  of section  two  of the  bill is  to                                                                    
promote  efficiency  with  respect to  any  potential  joint                                                                    
tobacco  stamp program,  and to  minimize impact  on private                                                                    
sector  stamp  purchasers.  Program  administration  by  the                                                                    
Department would  include central issuance of  joint tobacco                                                                    
stamps  as  well  collection  of  associated  tobacco  stamp                                                                    
revenues  on behalf  of a  municipality. The  cost causer  -                                                                    
cost  payer  principle  would  be in  effect,  such  that  a                                                                    
participating   municipality   would  be   responsible   for                                                                    
reimbursing  the  Department  for direct,  incremental  cost                                                                    
increases  resulting from  a joint  tobacco  tax program.  A                                                                    
number  of  jurisdictions,   particularly  in  more  largely                                                                    
populated  city  areas  around   the  country,  have  multi-                                                                    
jurisdictional tobacco  stamps in use based  on economies of                                                                    
scale.                                                                                                                          
                                                                                                                                
Vice-Chair Fairclough  wondered why the state  was incurring                                                                    
an additional  cost on behalf  of municipalities.  Mr. Craft                                                                    
stated that the Department of  Revenue (DOR) might be better                                                                    
suited to answer the question.                                                                                                  
                                                                                                                                
Senator  Olson  inquired what  the  vendors  thought of  the                                                                    
bill. Mr.  Craft replied that  he understood that  there was                                                                    
no opposition from the vendors.                                                                                                 
                                                                                                                                
10:35:00 AM                                                                                                                   
                                                                                                                                
DANIEL   MOORE,   TREASURER,  MUNICIPALITY   OF   ANCHORAGE,                                                                    
ANCHORAGE  (via   teleconference),  spoke  in   support  the                                                                    
legislation. He stated the bill  served two purposes. It was                                                                    
an information  sharing bill as  well as. It made  sense for                                                                    
the  state  to  administer  the program  on  behalf  of  the                                                                    
municipalities.  He expressed  that there  had been  concern                                                                    
that had been voiced  by lobbyists regarding the information                                                                    
sharing  portion of  the bill;  however,  language had  been                                                                    
developed that  had led to  a consensus between  all parties                                                                    
and he hoped that the  committee would consider adopting it.                                                                    
He referenced a  letter of support from  the Municipality of                                                                    
Anchorage (copy on file):                                                                                                       
                                                                                                                                
     The Municipality  strongly supports  passage of  HB 193                                                                    
     which  benefits municipalities  in Alaska  by promoting                                                                    
     greater cooperation and  reciprocal information sharing                                                                    
     between  State   and  local   jurisdictions  concerning                                                                    
     administration  and enforcement  of commonly  assessed,                                                                    
     legally  due taxes.  The  primary  concept behind  this                                                                    
     legislation  is   consistent  with   joint  information                                                                    
     sharing practices cited in many other state statutes.                                                                      
                                                                                                                                
     HB 193,  if passed, will  result in more  efficient and                                                                    
     effective  oversight,  enforcement  and  collection  of                                                                    
     taxes  assessed  by  both  the   State  of  Alaska  and                                                                    
     municipalities  (i.e., enforcement  of tobacco  tax and                                                                    
     rental  vehicle tax).  Overall  revenue realization  by                                                                    
     the   State  and   municipalities  is   likely  to   be                                                                    
     strengthened  through   shared  results   of  discovery                                                                    
     actions    and    audits.    and    more    coordinated                                                                    
     administration  and   enforcement  of   these  commonly                                                                    
     assessed  taxes  will  serve   to  notably  reduce  tax                                                                    
     evasion,  thereby:  (1)  promoting a  more  competitive                                                                    
     business  environment for  Alaskan businesses;  and (2)                                                                    
     decreasing the tax subsidization  caused by willful tax                                                                    
     evaders who  otherwise shift tax burden  to law abiding                                                                    
     citizens.                                                                                                                  
                                                                                                                                
     In summary HB 193  is sound legislation that encourages                                                                    
     greater intergovernmental  efficiency and effectiveness                                                                    
     in fulfilling  tax collections mandated by  law at both                                                                    
     the  State  and  local  level.  This  bill  levels  the                                                                    
     playing field  for law abiding businesses  and citizens                                                                    
     by helping to reduce the number of willful tax evaders                                                                     
     not paying their fair share of legally due taxes.                                                                          
                                                                                                                                
10:40:45 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough  looked  at   the  fiscal  note,  and                                                                    
wondered if  the Municipality of  Anchorage was  prepared to                                                                    
take  on the  additional  cost. Mr.  Moore  replied that  he                                                                    
provided previous testimony that  state that Anchorage would                                                                    
evaluate the  cost of the program  at the time it  was ready                                                                    
to pursue a local stamp  option. He remarked that there were                                                                    
other considerations  such as  inflation proofing  that were                                                                    
already  built into  its  tobacco tax.  He  felt that  there                                                                    
would need to be an analysis  in order for Anchorage to sign                                                                    
on to  covering the  additional cost.  He furthered  that if                                                                    
multiple   jurisdictions   participated   in   local   stamp                                                                    
programs,  it  would  make  it  more  affordable  and  cost-                                                                    
beneficial for Anchorage.                                                                                                       
                                                                                                                                
Co-Chair Meyer CLOSED public testimony                                                                                          
                                                                                                                                
Vice-Chair Fairclough wondered if  the fiscal note should be                                                                    
amended  to show  a change  of  revenue on  the positive  of                                                                    
$136,700, which would require the  department to wait to set                                                                    
up  the  person  until  the  revenue  was  received  by  the                                                                    
requestor.                                                                                                                      
                                                                                                                                
JOHANNA BALES, DEPUTY DIRECTOR,  TAX DIVISION, DEPARTMENT OF                                                                    
REVENUE  (via  teleconference),  responded  that  Vice-Chair                                                                    
Fairclough had  a fair  assessment of  the fiscal  note. She                                                                    
furthered  that she  was directed  to estimate  the cost  if                                                                    
municipalities  wanted   to  enter  into  a   memorandum  of                                                                    
agreement with the state to  administer a tax stamp on their                                                                    
behalf.  Instead of  showing the  tax stamp  as revenue,  it                                                                    
would be  shown as a  designated general fund that  would be                                                                    
reimbursed from the municipalities.                                                                                             
                                                                                                                                
Senator   Olson  queried   the   frequency  of   flexibility                                                                    
recommendations  at the  cost detriment  to  the state.  Ms.                                                                    
Bales replied that there were  not many programs that worked                                                                    
directly with the government.                                                                                                   
                                                                                                                                
Senator  Olson wondered  how  often investigations  occurred                                                                    
with large sums of money  at stake. Ms. Bales responded that                                                                    
most investigations  did not deal with  millions of dollars,                                                                    
but shared  that there were  some vehicle rental  cases that                                                                    
were in the hundreds of thousands of dollars range.                                                                             
                                                                                                                                
Vice-Chair  Fairclough shared  that  the  Division of  Motor                                                                    
Vehicles (DMV)  had taxation, and  wondered if there  may be                                                                    
dual taxation. She  asked Ms. Bales to be  prepared for that                                                                    
type of discussion at a later meeting.                                                                                          
                                                                                                                                
CS HB 193(FIN) was HEARD and HELD in committee for further                                                                      
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:48:47 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:48 a.m.                                                                                         

Document Name Date/Time Subjects
SB 93 - Sponsor Statement.docx SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 - Supporting Documents- Alaska Training Program Performance 2012.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 AMA TVEP Resolution.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB093-EED-TLS-4-5-13.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 71 Alaska Tax Division 2012 Annual Report.PDF SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 Sponsor Statement.PDF SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 Support - Alaska Scallop Association.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 Support - J&R Fisheries - 3-15-13.PDF SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 Support - Southeast Alaska Fishermen's Alliance.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
SB71 Support - UFA - Sen Resources 03.25.13.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
CSHB 193 Letter of Support - Municipality of Anchorage.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
HB 193 Sectional Analysis.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
HB 193 Sponsor Statement.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
HB 193 Summary of Changes.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
SB 93 TVEP DOL to Legislature Performance Report - Feb 2014 Final.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 DEED Fiscal Note 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 DEED Fiscal Note 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 UA Fiscal Note 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 71 DCCED FiscalNote 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 DOR FiscalNote 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
HB193CS(FIN)-DCCED-DCRA-02-07-14.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
HB193CS(FIN)-DOR-TAX-02-07-14.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
CS SB 71 version N.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
SB 93 public testimony - Cleary.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 Support - Ilisagvik College.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
HB 193 - support - Alaska Municipal League.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
SB93 support Enclosures 1-2.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB93 - support - SSEATEC 12-13-14 1.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SFIN TVEP 2-11-14 Hearing Response.pdf SFIN 2/10/2014 9:00:00 AM
SB 93