Legislature(2023 - 2024)ADAMS 519

04/30/2024 10:00 AM House FINANCE

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HOUSE BILL NO. 55                                                                                                             
                                                                                                                                
     "An Act relating to allocations of funding for the                                                                         
     Alaska Workforce Investment Board; and providing for                                                                       
     an effective date."                                                                                                        
                                                                                                                                
3:38:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ASHLEY   CARRICK,  SPONSOR,   thanked   the                                                                    
committee for  hearing the bill  that would  reauthorize the                                                                    
Technical Vocational Education  Program (TVEP). She detailed                                                                    
that  the TVEP  program began  in 2000  and was  intended to                                                                    
provide   noncompetitive  grant   assistance  to   education                                                                    
entities  delivering   specific  vocational   and  technical                                                                    
training in  Alaska. In 2014, the  legislature increased the                                                                    
funds diverted  from the  Unemployment Insurance  (UI) Fund,                                                                    
which funded TVEP, from a  0.15 percent distribution up to a                                                                    
0.16  percent  distribution.  The  distribution  amount  had                                                                    
remained  the  same  since  the change  in  2014.  The  bill                                                                    
maintained  the   ten  statutory  recipients   currently  in                                                                    
statute while maintaining the  0.16 percent distribution and                                                                    
currently proposed  a one-year extension in  the House Labor                                                                    
and Commerce committee substitute.                                                                                              
                                                                                                                                
Representative  Carrick  discussed  the  technical  training                                                                    
areas  TVEP recipients  offered  to  students. She  detailed                                                                    
that   from    industries   as   diverse    as   healthcare,                                                                    
transportation,  mining, construction,  fisheries, aviation,                                                                    
and   other  vocational   training,  TVEP   recipients  were                                                                    
providing  a  large number  of  different  career paths  for                                                                    
students. The  funding was distributed through  the UI trust                                                                    
from the employee  portion of taxable wages.  She noted that                                                                    
the  funds were  not unrestricted  general funds  (UGF). She                                                                    
relayed  that over  time the  TVEP  recipients had  changed.                                                                    
When  the program  was conceptualized  in  2000, there  were                                                                    
three recipients. The University of  Alaska had a 52 percent                                                                    
distribution and the other two  recipients were the Kotzebue                                                                    
Training Center  and the Alaska Vocational  Technical Center                                                                    
(AVTEC).  A  fourth recipient  was  added  in 2001  and  two                                                                    
additional  recipients  were  added  in  2004.  The  program                                                                    
expanded in  2008 to  the 10  current recipients.  She noted                                                                    
that  the current  recipients distributed  funds all  across                                                                    
the state.  The University received  45 percent of  the TVEP                                                                    
funding, which was administered  statewide, primarily to the                                                                    
community  and  regional  campuses  throughout  the  system.                                                                    
Other  recipients  were  located in  Bethel,  Delta,  Kenai,                                                                    
Nome, Utqiagvik, Dillingham, Galena, Seward, and Kotzebue.                                                                      
                                                                                                                                
Representative Carrick  relayed that in previous  years, the                                                                    
TVEP distribution  amount had  equated to  approximately $10                                                                    
million to $12 million. In  FY 23, the distribution was just                                                                    
over $13  million across the  system. She noted that  in the                                                                    
most recent TVEP reauthorization  it had been suggested that                                                                    
a  legislative  audit should  be  included  as part  of  the                                                                    
reauthorization process  in order  to better  understand the                                                                    
current  return  on  investment for  the  programs  and  the                                                                    
potential complications  or challenges around  the statutory                                                                    
distribution. She clarified that the  audit did not say that                                                                    
the State of  Alaska was getting a bad  return on investment                                                                    
from the funds distributed  to approximately 8,528 people in                                                                    
2023 who  were trained  through TVEP  funds. The  main audit                                                                    
concerns cover  the statutory  designation system,  the TVEP                                                                    
subaccount   being   subject   to  the   sweep,   and   some                                                                    
administration issues  with the Alaska  Workforce Investment                                                                    
Board  (AWIB). She  welcomed the  comments and  was grateful                                                                    
the  audit   took  place.  The   audit  results   were  also                                                                    
thoroughly  discussed  in  the committee  process  prior  to                                                                    
reaching the  House Finance Committee. She  relayed that the                                                                    
legislation  was   fairly  heavily  amended  in   the  House                                                                    
Education Committee  and those  changes were walked  back in                                                                    
the House Labor and Commerce  Committee. The House Labor and                                                                    
Commerce  Committee version  was the  bill currently  before                                                                    
the  House Finance  Committee. The  current  version of  the                                                                    
bill maintained the ten statutory  recipients and proposed a                                                                    
one-year extension for TVEP.                                                                                                    
                                                                                                                                
3:45:33 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked for a review of the audit.                                                                                
                                                                                                                                
KRIS  CURTIS, LEGISLATIVE  AUDITOR, DIVISION  OF LEGISLATIVE                                                                    
BUDGET AND AUDIT,  discussed that TVEP was created  in FY 01                                                                    
and was  intended to be  a grant program to  adequately fund                                                                    
technical  and vocational  education and  build capacity  at                                                                    
the postsecondary  level. She detailed that  the bill passed                                                                    
in FY  01 included  a provision in  uncodified law  to award                                                                    
the first  year funds  to the  three specific  entities. She                                                                    
relayed that grant  regulations were created in  2002 by the                                                                    
Alaska  Workforce   Investment  Board.   Additionally,  AWIB                                                                    
developed  guidelines  and  a priority  list  on  an  annual                                                                    
basis.  She explained  that although  the grant  regulations                                                                    
were  created and  the  grant process  was  in statute,  the                                                                    
direct award  of TVEP funds  to specific  training providers                                                                    
continued  each   year  after  the  first   year  (first  in                                                                    
accordance  with the  uncodified  law and  then codified  in                                                                    
2009). She relayed  that the recipients had  increased to 10                                                                    
providers in FY 22.                                                                                                             
                                                                                                                                
Ms. Curtis  referenced exhibit 1  on page four of  the audit                                                                    
report  (copy   on  file)  showing  the   10  providers  and                                                                    
statutory  allocation percentages.  Page  5  included a  map                                                                    
showing  the   provider  locations,  which   were  dispersed                                                                    
throughout the state. She explained  that TVEP was funded by                                                                    
diverting  a  percentage  of  the  unemployment  taxes  from                                                                    
employees from the UI fund  into a subaccount of the general                                                                    
fund called the TVEP subfund.                                                                                                   
                                                                                                                                
Ms. Curtis  reported on audit conclusions.  She relayed that                                                                    
one  of the  objectives was  to report  on the  use of  TVEP                                                                    
funds.  She  began  on  page  10 of  the  audit  report  and                                                                    
highlighted there was  $12.9 million expended in  FY 22. She                                                                    
detailed that  most of the  costs came from the  10 training                                                                    
providers.   The   Department   of   Labor   and   Workforce                                                                    
Development (DLWD)  incurred approximately $400,000  to help                                                                    
administer the  program. While looking at  the expenditures,                                                                    
the audit  noted that 7  of the 10 providers  were underpaid                                                                    
in FY  22. She elaborated  that when calculating  the amount                                                                    
due to  7 of the providers,  AWIB staff based the  amount on                                                                    
preliminary  numbers. She  directed attention  to exhibit  3                                                                    
showing   which    of   the   providers    were   underpaid.                                                                    
Collectively, 7  providers were underpaid  $666,500. Exhibit                                                                    
4  summarized   the  TVEP  expenditures  by   category.  She                                                                    
highlighted that  administrative costs  were 7.1  percent of                                                                    
the total expenditures and  by statute, administrative costs                                                                    
could  not exceed  5 percent.  The  audit found  that the  5                                                                    
percent  cap was  not being  monitored or  enforced by  AWIB                                                                    
under a  misunderstanding that the  cap was  only applicable                                                                    
if the  money was awarded  via a grant process.  She relayed                                                                    
that  AWIB  received guidance  from  the  Department of  Law                                                                    
(DOL) after the audit was  requested to clarify that the cap                                                                    
was applicable.  She relayed her understanding  that the cap                                                                    
was now being enforced starting in FY 23.                                                                                       
                                                                                                                                
Ms. Curtis relayed  that exhibits 5 and 6 on  page 13 of the                                                                    
audit report summarized the  participants' training and cost                                                                    
by type  of training category.  She pointed out  that health                                                                    
was  often  the  largest  category. She  moved  to  page  14                                                                    
pertaining to the  impact of the sweep and  reverse sweep on                                                                    
the TVEP  subfund. She  detailed that  the TVEP  subfund was                                                                    
subject  to  the   constitutional  requirement  to  transfer                                                                    
available fund balance at the end  of the fiscal year to the                                                                    
Constitutional  Budget Reserve  (CBR) fund  as repayment  of                                                                    
amounts borrowed  from the general  fund. The  repayment was                                                                    
known  as the  sweep and  historically there  was a  reverse                                                                    
sweep  provision  added  to  the  operating  budget  in  the                                                                    
following  year  to  restore  the  amounts  swept  from  the                                                                    
subfunds.  Beginning in  FY 22,  the reverse  sweep was  not                                                                    
included in the  operating budget and TVEP had  a balance of                                                                    
$2.4  million that  was swept  into the  CBR. She  continued                                                                    
that because  TVEP was funded  by diverting  employee taxes,                                                                    
the  sweep had  the effect  of  using employee  UI taxes  to                                                                    
repay the general fund CBR liability.                                                                                           
                                                                                                                                
3:50:46 PM                                                                                                                    
                                                                                                                                
Ms.  Curtis explained  that  one of  the  objectives of  the                                                                    
audit was to evaluate whether  TVEP was designed to meet the                                                                    
training  needs  of  Alaska  by  region  and  industry.  She                                                                    
detailed  that the  program was  not operating  as intended.                                                                    
She expounded that  TVEP was intended to be  a grant program                                                                    
administered  by   the  state's  lead   employment  training                                                                    
planning  agency  AWIB.  The  grant  process  was  still  in                                                                    
statute, but  those statutes were being  overridden by other                                                                    
statutes  that   directly  awarded  funds  to   10  training                                                                    
providers.                                                                                                                      
                                                                                                                                
Ms.  Curtis  stated  her  understanding   that  HB  55  only                                                                    
reauthorized the direct award  to the 10 training providers.                                                                    
She stated that the program  was not being reauthorized. She                                                                    
furthered that the grant process  and diverting of the funds                                                                    
into TVEP  was in statute,  which was not being  impacted by                                                                    
HB 55. The audit concluded that  the design was not the best                                                                    
way to go about funding.  She elaborated that there had been                                                                    
no analysis  as to  whether the  10 training  providers were                                                                    
meeting  the   needs  of  the  specific   regions  including                                                                    
regional  access to  training, training  capacity, and  need                                                                    
for specific types of training.                                                                                                 
                                                                                                                                
Ms. Curtis shared that the  audit concluded that the funding                                                                    
process  did not  afford all  Alaskan training  providers an                                                                    
opportunity   to  participate   in   the  program.   Another                                                                    
objective of  the audit was  to evaluate  TVEP's performance                                                                    
measures.  The  audit  concluded  that  TVEP  did  not  have                                                                    
adequate performance  measures. The program  had performance                                                                    
metrics, but  those metrics were  not evaluated  against any                                                                    
stated  objectives or  goals. She  stated  that without  the                                                                    
benchmarking   aspect,    the   metrics   fell    short   of                                                                    
communicating the program's effectiveness.                                                                                      
                                                                                                                                
Ms.  Curtis moved  to page  21  of the  audit report,  which                                                                    
addressed the impact of TVEP on  the balance of the UI fund.                                                                    
The  UI  fund was  evaluated  annually  by DLWD  staff.  The                                                                    
evaluation included  calculating a  reserve rate:  the ratio                                                                    
of the  fund balance to  the total wages of  taxable Alaskan                                                                    
employers.  She  stated  that  if the  reserve  rate  was  3                                                                    
percent or  less, employers had  a fund  solvency adjustment                                                                    
that was part  of the UI tax rate (the  tax rate increased);                                                                    
however, if the  rate was 3.3 percent  or greater, employers                                                                    
received  a solvency  adjustment (the  tax rate  decreased).                                                                    
She expounded that  TVEP had diverted $204  million from the                                                                    
UI fund  from FY 01  to FY 22.  She echoed comments  made by                                                                    
Representative Carrick.  She relayed that the  audit did not                                                                    
provide  any  analysis on  whether  that  was worthwhile  or                                                                    
effective.  The audit  simply concluded  that the  design of                                                                    
how the  money was given  to providers was not  optimal. The                                                                    
audit concluded that  the use of the funds  lowered the fund                                                                    
balance  and  likely  resulted  in  higher  tax  rates.  She                                                                    
clarified  that the  audit did  make  conclusions about  the                                                                    
program's worthwhileness,  justification, or benefit  to the                                                                    
state as a whole.                                                                                                               
                                                                                                                                
Ms. Curtis highlighted the  two recommendations beginning on                                                                    
page 23  of the audit  report. First, the  audit recommended                                                                    
that  the  legislature  repeal  the  direct  funding  of  10                                                                    
training  providers in  HB 55.  The  audit also  recommended                                                                    
that  the   DLWD  commissioner  work  with   the  Office  of                                                                    
Management and Budget (OMB) to  resolve the underpayments to                                                                    
the 10  training providers that were  collectively underpaid                                                                    
$666,500.                                                                                                                       
                                                                                                                                
3:55:27 PM                                                                                                                    
                                                                                                                                
Representative Ortiz stated his  understanding that the bill                                                                    
called  for a  one-year  extension.  He asked  if  it was  a                                                                    
result  of  the  audit  recommendation or  if  it  had  been                                                                    
standard past practice.                                                                                                         
                                                                                                                                
Ms.  Curtis  answered  that  the  audit  did  not  recommend                                                                    
extension.  However,   she  thought   it  would   be  fairly                                                                    
detrimental for recipients of the  funding to no longer have                                                                    
funding all of a sudden.                                                                                                        
                                                                                                                                
Representative  Carrick  replied that  it  was  part of  the                                                                    
reason the bill only had  a one-year extension as opposed to                                                                    
the original bill's six-year extension.                                                                                         
                                                                                                                                
Representative Ortiz asked if  there were concerns about any                                                                    
of  the  individual  recipients   as  being  legitimate  and                                                                    
constitutional.                                                                                                                 
                                                                                                                                
Ms.  Curtis  answered  auditors  had visited  5  of  the  10                                                                    
training  providers  and audited  about  75  percent of  the                                                                    
total. She detailed  that one of the objectives  was to make                                                                    
sure  the   amounts  they  were  reporting   were  reliable.                                                                    
Additionally,  auditors had  the  recipients categorize  the                                                                    
expenditures in different  ways in order to  present them in                                                                    
the  audit  report. She  relayed  that  the information  the                                                                    
recipients  provided was  accurate  as  was the  methodology                                                                    
used  to break  out the  information. The  audit did  not go                                                                    
into whether  one provider training  was more  valuable than                                                                    
another.  The   audit  report  included  profiles   of  each                                                                    
recipient in  order for legislators  to look at  the details                                                                    
of  how much  each  recipient spent,  how  many people  they                                                                    
trained, and  the mode of training.  Auditors were impressed                                                                    
by  the  University's  method of  awarding  the  funds.  The                                                                    
University awarded  the funds statewide and  had an internal                                                                    
competitive   grant  process   that   aligned  with   AWIB's                                                                    
priorities.                                                                                                                     
                                                                                                                                
3:58:47 PM                                                                                                                    
                                                                                                                                
Representative Josephson  referenced Ms.  Curtis's statement                                                                    
that  the  statute  creating   the  program  was  originally                                                                    
intended to be  a grant process. He asked if  that meant the                                                                    
state did  not plan to  take from a  UI fund and  would give                                                                    
cash for training.                                                                                                              
                                                                                                                                
Ms. Curtis answered in the  negative. She explained that the                                                                    
program  was always  intended to  be funded  with UI  taxes.                                                                    
There  were statutes  in place  specifying  that AWIB  would                                                                    
award the funds through a grant process.                                                                                        
                                                                                                                                
Representative  Josephson  was  concerned  about  the  swept                                                                    
money.  He  referenced  the  Hickel  v  Cowper  case,  which                                                                    
specified that if the state  had federal dollars those funds                                                                    
could  not be  swept  because  they did  not  belong to  the                                                                    
state. He highlighted  that the state could  not sweep other                                                                    
people's money. He  stated it was his  understanding that UI                                                                    
was made  up of employer  and employee funds.  He referenced                                                                    
Ms. Curtis's  testimony that over  $2 million was  gone [and                                                                    
had been swept into the CBR].  He asked how it was different                                                                    
from theft.                                                                                                                     
                                                                                                                                
Ms. Curtis responded  that the money was  diverted before it                                                                    
reached the  UI fund. She  stated that the legality  of that                                                                    
was  something the  legislature could  look into  as far  as                                                                    
dedicated revenues and funds  that existed pre-statehood and                                                                    
whether  the   state  was  walking  on   shaky  ground  even                                                                    
diverting  anything. She  could  not speak  to the  question                                                                    
about theft.  She noted that  the program had been  in place                                                                    
since  2001.   She  added  that   the  State   Training  and                                                                    
Employment Program  (STEP) existed  before TVEP and  had the                                                                    
same funding mechanism.                                                                                                         
                                                                                                                                
Representative   Josephson   stated    that   it   was   his                                                                    
understanding  that  in  Alaska the  unemployment  funds  an                                                                    
individual  received  were  very modest  compared  to  other                                                                    
locations such  as Washington state.  He surmised  that TVEP                                                                    
was a  conservative solution  to unemployment.  He explained                                                                    
that  rather  than giving  cash,  the  state was  hoping  to                                                                    
retrain workers. He asked if  the statements sounded roughly                                                                    
correct.                                                                                                                        
                                                                                                                                
Ms.  Curtis   replied  that   she  saw   why  Representative                                                                    
Josephson  was saying  that. She  explained that  the people                                                                    
who received training from STEP  actually contributed to the                                                                    
funding of  the program. There  was not a  direct one-to-one                                                                    
relationship for people who benefit  from TVEP, and they may                                                                    
not have ever paid into UI fund.                                                                                                
                                                                                                                                
Representative Josephson  remarked that  in many  states the                                                                    
$2.3 million  [that was swept into  the CBR in FY  22] would                                                                    
have gone  to unemployed  people to  survive and  instead it                                                                    
had gone to the general fund, which struck him as improper.                                                                     
                                                                                                                                
4:02:48 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster noted he had to  step out and would hand the                                                                    
gavel to Representative Tomaszewski.                                                                                            
                                                                                                                                
Representative  Galvin stated  that  her  takeaway from  Ms.                                                                    
Curtis's report was  it was not a great  review overall. She                                                                    
surmised  that changes  needed  to be  made  and there  were                                                                    
perhaps  some legal  issues.  She  stated her  understanding                                                                    
that it  would be too  detrimental to the 10  recipients and                                                                    
the  students to  wipe  out the  program  completely at  the                                                                    
current time.                                                                                                                   
                                                                                                                                
Ms.  Curtis  clarified  that  the audit  did  not  have  any                                                                    
conclusions  about  the  worthwhile   of  the  program.  She                                                                    
explained  that it  primarily considered  the two  competing                                                                    
statutes:  the  statutes  for  the  grant  process  and  the                                                                    
statutes for the  direct award. The auditors were  not a fan                                                                    
of the  direct award  because its design  did not  allow the                                                                    
program  to  be as  effective  as  it  could be.  The  audit                                                                    
determined  that  AWIB  was  the  best  entity  to  identify                                                                    
priorities,   regional  needs,   and  industry   needs.  She                                                                    
clarified that the  10 existing recipients may  end up being                                                                    
the entities  getting the  grants from AWIB,  but it  was an                                                                    
unknown.  The  audit report  merely  took  exception to  the                                                                    
funding mechanism.                                                                                                              
                                                                                                                                
Representative Galvin viewed the  bill as a placeholder. She                                                                    
asked  if there  was  a legal  problem  with continuing  the                                                                    
program  as-is  for one  more  year  while things  were  put                                                                    
together.                                                                                                                       
                                                                                                                                
4:05:57 PM                                                                                                                    
                                                                                                                                
Ms. Curtis answered  there was no problem prior  to the bill                                                                    
and she  believed everyone  was onboard  that what  had been                                                                    
taking place was legal. She  clarified that the audit report                                                                    
determined it  was merely  not the best  way. She  stated it                                                                    
was a policy  decision for the legislature  to consider. She                                                                    
left it up  to policymakers to decide whether  to extend the                                                                    
program for  one year, five  years, or include  a transition                                                                    
to another mechanism.                                                                                                           
                                                                                                                                
Representative  Galvin directed  the  same  question to  the                                                                    
bill  sponsor. She  stated the  report had  not been  a good                                                                    
review  overall.  She highlighted  the  poor  review of  the                                                                    
administrative process  and whether  the metrics  fit goals.                                                                    
She asked if  HB 55 was the answer. She  asked if a decision                                                                    
had been made that it would  be too messy to clean things up                                                                    
in one year.                                                                                                                    
                                                                                                                                
Representative  Carrick   answered  there  were  a   lot  of                                                                    
questions about  how to move  forward in the long  term with                                                                    
TVEP. She  highlighted that  the value  of the  training was                                                                    
not in  question. She explained  that the  legislation would                                                                    
hold the  providers harmless for  the coming year.  In terms                                                                    
of what  would happen after  HB 55, she believed  there were                                                                    
many questions that  needed to be answered.  She agreed with                                                                    
comments  made by  Representative Josephson.  She noted  his                                                                    
use of the  word theft. She had a lot  of concerns about the                                                                    
fund sweep. She  relayed that as soon as she  saw the audit,                                                                    
she  had   legislation  drafted  to  exempt   all  UI  trust                                                                    
subaccounts from  the sweep. She  believed it  was something                                                                    
the legislature needed to pursue  as a separate policy call.                                                                    
She did  not recommend including  that specific issue  in HB
55, in  order to hold  the current providers and  mostly the                                                                    
current students harmless for the coming year.                                                                                  
                                                                                                                                
Representative Galvin asked if there  was a concern that the                                                                    
UI  funds would  be  contested legally  because  of the  two                                                                    
conflicting statutes.                                                                                                           
                                                                                                                                
Representative  Carrick answered  that as  mentioned by  Ms.                                                                    
Curtis, the  program had continued  to be  reauthorized four                                                                    
or more  times since the  program's inception. The  two sets                                                                    
of conflicting  statutes had existed since  the inception of                                                                    
the  program. She  did not  believe the  state would  see an                                                                    
immediate  legal  challenge  based  on  something  that  had                                                                    
existed for 24 years.                                                                                                           
                                                                                                                                
4:09:53 PM                                                                                                                    
                                                                                                                                
Representative Coulombe thanked Ms.  Curtis for the thorough                                                                    
audit. She asked if Ms.  Curtis stated that $200 million had                                                                    
been used for the program since 2001.                                                                                           
                                                                                                                                
Ms.  Curtis confirmed  that $204  million had  been diverted                                                                    
out of the UI fund into the TVEP subfund through FY 22.                                                                         
                                                                                                                                
Representative  Coulombe asked  for verification  that if  a                                                                    
training provider  was not currently  on the  statutory list                                                                    
as a fund recipient they could not apply for funding.                                                                           
                                                                                                                                
Ms. Curtis responded affirmatively.                                                                                             
                                                                                                                                
Representative  Coulombe  stated  her understanding  of  Ms.                                                                    
Curtis's statements to be that  the intention of the program                                                                    
was to be  funded out as grants. She also  thought she heard                                                                    
Ms. Curtis  say the intention  was to have  a noncompetitive                                                                    
grant fund. She asked for clarification.                                                                                        
                                                                                                                                
Ms.  Curtis  answered  that statute  talked  about  a  grant                                                                    
program established by AWIB. She  explained that typically a                                                                    
grant had  competitive type aspects  where an entity  had to                                                                    
apply, there was a ranking, and funds were awarded.                                                                             
                                                                                                                                
Representative  Coulombe  asked  for verification  that  the                                                                    
bill  was giving  money to  the training  providers and  not                                                                    
reauthorizing  TVEP. Alternatively,  she asked  if the  bill                                                                    
reauthorized TVEP  for one  year for  the specific  group of                                                                    
organizations.                                                                                                                  
                                                                                                                                
Representative  Carrick  answered  that HB  55  reauthorized                                                                    
TVEP and would only give  the fund percentages listed to the                                                                    
10 recipients.                                                                                                                  
                                                                                                                                
Representative  Coulombe  asked  for verification  that  the                                                                    
funding  went  towards  the  operations  of  the  vocational                                                                    
centers and not directly to students.                                                                                           
                                                                                                                                
Representative Carrick  agreed. She detailed that  the funds                                                                    
went  directly   to  training  providers  to   fund  program                                                                    
operations. The  students benefitted from the  programs, but                                                                    
the funding went directly to training providers.                                                                                
                                                                                                                                
4:12:56 PM                                                                                                                    
                                                                                                                                
Representative Hannan stated that the  audit had been at the                                                                    
request  of  the  legislature.   She  asked  if  Ms.  Curtis                                                                    
anticipated doing another audit in the coming year.                                                                             
                                                                                                                                
Ms.  Curtis  answered  that  another   audit  would  not  be                                                                    
conducted unless it was requested  by the Legislative Budget                                                                    
and Audit Committee. She added that  by then it would take a                                                                    
few years to start it.                                                                                                          
                                                                                                                                
Representative  Hannan stated  she had  some heartburn  over                                                                    
the  swept  funding  that  had   not  gone  to  UI  intended                                                                    
purposes. She  noted that  TVEP was  an intended  purpose as                                                                    
set  in  statute.  She detailed  that  the  legislature  had                                                                    
identified the  funding amount that  could go into  the TVEP                                                                    
fund; however,  if it  was not  expended in  a year,  it was                                                                    
swept. She asked  if Ms. Curtis would  recommend the funding                                                                    
mechanism  be severed  from UI  or tied  more directly.  She                                                                    
observed it  appeared that originally  there had been  a lag                                                                    
(e.g., UI funds  collected in FY 20 were awarded  to TVEP in                                                                    
FY  21). She  asked if  Ms. Curtis  anticipated a  multiyear                                                                    
grant. She used a welding  training center as an example and                                                                    
explained that  it would  not be  set up for  one year  at a                                                                    
time.                                                                                                                           
                                                                                                                                
Ms. Curtis  responded that the  AWIB board would  create the                                                                    
regulations. She  knew there were questions  about stability                                                                    
and  providers knowing  [what funding  they would  receive],                                                                    
which could  be addressed by making  multiyear grant awards.                                                                    
She explained that  currently the monies that  went into the                                                                    
fund were  paid out in the  same year. She noted  there were                                                                    
some weird  things about how  DLWD estimated how  much would                                                                    
be paid  out. She  elaborated that they  kind of  provided a                                                                    
little  cushion;  however,  there  was  always  the  reverse                                                                    
sweep, so DLWD  never had to worry  about anything happening                                                                    
to  the funds.  She explained  there had  been a  cushion of                                                                    
funds,  one of  the  providers  did not  spend  most of  its                                                                    
funds,  and then  there had  been the  $666,000 underpayment                                                                    
[to some of the providers],  which had resulted in a perfect                                                                    
storm anomaly where  there was a large amount  of funding in                                                                    
the fund at the end of the  fiscal year. She did not see any                                                                    
problem with  the funds going in  and out in the  same year.                                                                    
She believed the Legislative  Finance Division (LFD) already                                                                    
had a  fix for  that. She stated  that the  executive branch                                                                    
typically  set up  how the  monies were  to be  granted out,                                                                    
which  they   already  did  with  numerous   other  training                                                                    
grantees.  She added  they were  already in  the process  of                                                                    
doing that with federal and other state money.                                                                                  
                                                                                                                                
4:16:55 PM                                                                                                                    
                                                                                                                                
Representative  Hannan  directed  a  question  to  the  bill                                                                    
sponsor.  She  surmised  that  the  bill  would  extend  the                                                                    
current  program  for  one  year  and  people  were  already                                                                    
anticipating  the need  to clean  up the  statutory conflict                                                                    
and ensure the funding mechanism  was more secure. She asked                                                                    
for  verification   that  the  legislature  should   not  be                                                                    
attempting to solve those issues through HB 55.                                                                                 
                                                                                                                                
Representative Carrick  responded that the  instability that                                                                    
came with  limiting the  reauthorization to  one year  was a                                                                    
strong  signal to  the  training  providers. She  speculated                                                                    
that  were  the  legislature  to  come  back  the  following                                                                    
session and  immediately begin work  on solving some  of the                                                                    
challenges   and  creating   a   competitive  process,   the                                                                    
providers would  hear the message.  She noted that  AWIB did                                                                    
not believe it currently had  the capacity to immediately do                                                                    
administration  of   the  TVEP  program  as   a  competitive                                                                    
program.  She explained  that if  the  legislature made  the                                                                    
changes  in  the  current year,  it  would  destabilize  the                                                                    
current training  providers and  would potentially set  up a                                                                    
competitive  process for  failure. She  believed the  issues                                                                    
were some of the  considerations made by previous committees                                                                    
as to why the bill was in its current form.                                                                                     
                                                                                                                                
Representative Hannan  asked if  there was a  companion bill                                                                    
in the  Senate or if  HB 22 was  the only vehicle  to ensure                                                                    
TVEP funding would be awarded for the coming year.                                                                              
                                                                                                                                
Representative Carrick answered that HB 22 was the vehicle.                                                                     
                                                                                                                                
Acting  Chair Tomaszewski  noted  that  Paloma Harbour  with                                                                    
DLWD was available for any questions on sweepable.                                                                              
                                                                                                                                
Representative  Stapp  asked  for verification  that  HB  55                                                                    
would  essentially put  a one-year  stay on  the program  in                                                                    
order  for the  legislature to  have enough  time to  figure                                                                    
things out.                                                                                                                     
                                                                                                                                
Representative  Carrick replied  it was  how she  personally                                                                    
viewed  the  situation.  She  had   worked  on  a  potential                                                                    
committee substitute, which would  provide for a competitive                                                                    
structure per the underlying statute  in the legislation and                                                                    
would address  some of the other  considerations politically                                                                    
that had taken  place over the years;  however, she believed                                                                    
the   potential   to   destabilize   the   great   workforce                                                                    
development happening  with the  funds was paramount  to the                                                                    
decision making  at present.  She suggested  the legislature                                                                    
put a stay  on making those changes. She  suggested that two                                                                    
years was a much better timeframe  to avoid a time crunch on                                                                    
making  the   decisions  in   a  reauthorization   year  the                                                                    
following session.                                                                                                              
                                                                                                                                
Representative  Stapp stated  the program  had been  going a                                                                    
long time  and he did  not want  to see it  destabilized. He                                                                    
was in support  of at least a one year  stay of the program,                                                                    
which would be less disruptive  for the users. He directed a                                                                    
question to  Ms. Curtis. He  thought it seemed that  some of                                                                    
the institutions  on the list  were not  public institutions                                                                    
and  the  legislature  was  giving   them  state  money  for                                                                    
educational  purposes. He  noted  there was  a recent  court                                                                    
case about  that type of issue.  He did not know  whether it                                                                    
came up in the audit.                                                                                                           
                                                                                                                                
4:21:10 PM                                                                                                                    
                                                                                                                                
Ms. Curtis  answered that  the audit  had not  addressed the                                                                    
issue and only considered what it  had been asked to do. She                                                                    
noted  that  if anyone  wanted  more  information about  the                                                                    
recipients,  details  were  in  the appendix  to  the  audit                                                                    
report. She  explained there was  information about  how the                                                                    
providers  conducted their  training, the  number of  people                                                                    
served, and the cost per participant.                                                                                           
                                                                                                                                
Representative  Stapp  relayed  that  he  had  reviewed  the                                                                    
appendix  and   noticed  that   many  of   the  institutions                                                                    
receiving state  money were private  and some  had religious                                                                    
overtones.   He  thought   it  was   interesting  that   the                                                                    
legislature  was making  sure to  have at  least a  one-year                                                                    
stay on the program so it would not be disruptive.                                                                              
                                                                                                                                
4:22:12 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:57:58 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
DON ETHERIDGE, ALASKA AFL-CIO, shared  that he had been with                                                                    
the  legislation since  its inception.  The AFL-CIO  and the                                                                    
Alaska  Works Partnership  had been  very active  in getting                                                                    
the program  started. He clarified that  AFL-CIO members did                                                                    
not receive  money from the  program. The AFL-CIO  liked the                                                                    
idea of the  program because it helped  educate more workers                                                                    
and more workers were needed all  of the time. He stated the                                                                    
entity was fully supportive of  the TVEP program. He relayed                                                                    
that  it would  be unfair  to  remove the  funding from  the                                                                    
recipients  without notice.  The organization  supported the                                                                    
program extension  for one  or more  years. The  program had                                                                    
started  as a  grant program  and different  legislators had                                                                    
started adding to  it. He explained that  over time everyone                                                                    
"was holding  it hostage to  get what they wanted  into it."                                                                    
He  stated that  the desire  had been  to keep  the training                                                                    
going  because many  of  the programs  could  not afford  to                                                                    
purchase new  equipment or keep  up with  current operations                                                                    
without the funding.  He concluded that AFL-CIO  was in full                                                                    
support of  the bill and  believed TVEP was a  great program                                                                    
to keep alive. He thanked the committee.                                                                                        
                                                                                                                                
5:01:18 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster   CLOSED  public  testimony.   He  provided                                                                    
details  for individuals  who may  want  to provide  written                                                                    
testimony.                                                                                                                      
                                                                                                                                
Co-Chair Foster asked for a review of the fiscal notes.                                                                         
                                                                                                                                
PALMONA  HARBOUR,  DIRECTOR,   DIVISION  OF  EMPLOYMENT  AND                                                                    
TRAINING  SERVICES,   DEPARTMENT  OF  LABOR   AND  WORKFORCE                                                                    
DEVELOPMENT,  began  with  OMB component  number  2761.  The                                                                    
fiscal note was  zero and it had been  submitted because the                                                                    
there had been  a fiscal impact to  workforce services under                                                                    
the  last version  of  the  bill. She  moved  to the  second                                                                    
fiscal  note was  OMB component  number  2276 pertaining  to                                                                    
unemployment insurance.  The note had not  changed since the                                                                    
original  version of  the  bill and  reflected  the cost  to                                                                    
collect  the revenue  into the  TVEP account.  She explained                                                                    
that  the  department  could  not cover  the  cost  with  UI                                                                    
administrative funds,  it had  to cover  the cost  with TVEP                                                                    
funding. She  elaborated that the  cost would exist  as long                                                                    
as  the  TVEP account  was  in  statute for  collecting  the                                                                    
revenue (with or without the allocation in HB 55).                                                                              
                                                                                                                                
5:03:58 PM                                                                                                                    
                                                                                                                                
Representative  Tomaszewski asked  why  it cost  so much  to                                                                    
collect  [the  revenue]. He  thought  it  appeared to  be  a                                                                    
simple calculation.                                                                                                             
                                                                                                                                
Ms.  Harbour answered  it was  based on  a federal  approved                                                                    
allocation of  the department's overall tax  unit costs. She                                                                    
elaborated that  all of  the costs  associated with  the tax                                                                    
system  (including collections  and  auditing  staff and  IT                                                                    
support)  that DLWD  used  to collect  the  UI program,  the                                                                    
State  Training Employment  Program (STEP),  and TVEP,  were                                                                    
spread  across the  three programs  in an  equitable fashion                                                                    
reviewed and  approved by the  federal government.  The cost                                                                    
in the fiscal note was based  on the federal analysis of the                                                                    
level of effort related to  the accounting for STEP and TVEP                                                                    
as opposed to the UI program.  She expounded that it was 8.5                                                                    
percent of costs each fiscal year.                                                                                              
                                                                                                                                
Representative  Galvin asked  if the  fiscal note  reflected                                                                    
one-third  of  the  total cost  since  three  entities  were                                                                    
sharing in the cost.                                                                                                            
                                                                                                                                
Ms. Harbour answered that the  amount in the fiscal note was                                                                    
much  less  than one-third.  She  relayed  that it  was  8.5                                                                    
percent of the  total collections cost for UI.  Of the total                                                                    
cost for  the tax  section, tax system,  and IT  support, 19                                                                    
percent was split evenly between STEP and TVEP.                                                                                 
                                                                                                                                
Representative  Galvin   asked  what  $83,800   in  services                                                                    
represented.                                                                                                                    
                                                                                                                                
Ms.  Harbour  answered  it  covered   IT  support  and  core                                                                    
services (e.g., lease costs and human resources costs).                                                                         
                                                                                                                                
Representative Galvin asked about  the $375,300 for personal                                                                    
services.  She asked  if  it  was a  shared  number of  PCNs                                                                    
[position control numbers] doing the work.                                                                                      
                                                                                                                                
Ms. Harbour agreed. She detailed  that the personal services                                                                    
line  reflected  a share  of  the  costs  for the  tax  unit                                                                    
including collections staff and auditors.                                                                                       
                                                                                                                                
Representative Galvin  asked if  the work  of taking  in the                                                                    
funds had  been modernized. She  asked if the work  was done                                                                    
by hand or computerized.                                                                                                        
                                                                                                                                
Ms.  Harbour  answered  that  DLWD  had  built  in  as  much                                                                    
automation  into the  process as  possible (e.g.,  employers                                                                    
filed online).  The department had found  since the COVID-19                                                                    
pandemic it had  been necessary to return to  more paper and                                                                    
pencil due  to a  significant increase  in fraud.  She noted                                                                    
that the  department was catching  the fraud and it  had not                                                                    
been getting through.                                                                                                           
                                                                                                                                
5:08:14 PM                                                                                                                    
                                                                                                                                
DIRK CRAFT, EXECUTIVE  DIRECTOR, ALASKA WORKFORCE INVESTMENT                                                                    
BOARD  (via teleconference),  reviewed OMB  component number                                                                    
2659.  He  relayed that  the  fiscal  note remained  largely                                                                    
unchanged   since  the   governor   authorized  the   amount                                                                    
necessary for  7 of the  10 TVEP recipients  administered by                                                                    
AWIB,  and   the  personal  services  associated   with  the                                                                    
administration.                                                                                                                 
                                                                                                                                
Ms.  Harbour reviewed  the last  fiscal  note OMB  component                                                                    
number 2686 pertaining  to TVEP. The fiscal  note showed the                                                                    
allocation  to TVEP  in Seward  if it  were reauthorized  as                                                                    
proposed in the bill.                                                                                                           
                                                                                                                                
Co-Chair Foster thanked the department.                                                                                         
                                                                                                                                
Co-Chair Foster asked if Mr. Hutchison wanted to testify.                                                                       
                                                                                                                                
CHAD   HUTCHINSON,   DIRECTOR   OF   GOVERNMENT   RELATIONS,                                                                    
UNIVERSITY OF ALASKA, deferred to  a colleague to review the                                                                    
fiscal note.                                                                                                                    
                                                                                                                                
ALESIA  KRUCKENBERG,  DIRECTOR   OF  STRATEGY  PLANNING  AND                                                                    
BUDGET, UNIVERSITY OF  ALASKA (via teleconference), reviewed                                                                    
OMB  component  number  1296. The  fiscal  note  included  a                                                                    
calculation provided to the University  by DLWD based on the                                                                    
funds  DLWD would  have to  distribute. The  proposed amount                                                                    
for  the   University  for  FY  25   was  $6,746,900,  which                                                                    
reflected a $510,400  increase over FY 24  base funding. The                                                                    
University had  also received a supplemental  of $370,300 in                                                                    
FY 24.                                                                                                                          
                                                                                                                                
5:11:58 PM                                                                                                                    
                                                                                                                                
DEBORAH RIDDLE, DIVISION  OPERATIONS MANAGER, INNOVATION AND                                                                    
EDUCATION  EXCELLENCE,  DEPARTMENT  OF EDUCATION  AND  EARLY                                                                    
DEVELOPMENT  (via  teleconference), reviewed  OMB  component                                                                    
number  2796. The  note reflected  the amount  allocated for                                                                    
the Galena Interior Learning Academy.                                                                                           
                                                                                                                                
Co-Chair Foster set an amendment  deadline for Thursday, May                                                                    
2 at 5:00 p.m.                                                                                                                  
                                                                                                                                
HB  55  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 169 Public Testimony Rec'd by 042724.pdf HFIN 4/30/2024 10:00:00 AM
HB 169
HB 169 Amendments 1-4 042924.pdf HFIN 4/30/2024 10:00:00 AM
HB 169
HB 234 AFN Support Letter 3.14.24.pdf HFIN 4/30/2024 10:00:00 AM
HB 234
CS HB 234 Sectional Analysis 3.18.24.pdf HFIN 4/30/2024 10:00:00 AM
HB 234
CS HB 234 Sponsor Statement 3.18.24.pdf HFIN 4/30/2024 10:00:00 AM
HB 234
HB 234 ATNI Letter of Support 3.14.24.pdf HFIN 4/30/2024 10:00:00 AM
HB 234
HB 234 DPS Quarterly Report 3.14.24 (1).pdf HFIN 4/30/2024 10:00:00 AM
HB 234
HB 234 MMIP Congressional Overview 2023 3.14.24.pdf HFIN 4/30/2024 10:00:00 AM
HB 234
HB 234 MMIWG2S Letter of Support 3.14.24.pdf HFIN 4/30/2024 10:00:00 AM
HB 234
HB 234 UAA Homicide in Alaska 1976-2016 Report 3.14.24.pdf HFIN 4/30/2024 10:00:00 AM
HB 234
HB 234 UIHI MMIP Report 3.14.24.pdf HFIN 4/30/2024 10:00:00 AM
HB 234
HB55.Additional Documents TVEP Annual Report FY23 4-3-24.pdf HFIN 4/30/2024 10:00:00 AM
HB 55
HB55.Letter of Support GFCC 4-3-24.pdf HFIN 4/30/2024 10:00:00 AM
HB 55
HB55.Additional Documents TVEP Audit 30104 4-3-24.pdf HFIN 4/30/2024 10:00:00 AM
HB 55
HB55.Resolution of Support AWIB 4-3-24.pdf HFIN 4/30/2024 10:00:00 AM
HB 55
HB55.SectionalAnalysis.Version H 4-10-24.pdf HFIN 4/30/2024 10:00:00 AM
HB 55
HB55.SponsorStatement 4-3-24.pdf HFIN 4/30/2024 10:00:00 AM
HB 55
HB55.Summary of Changes Version R to H 4-10-24.pdf HFIN 4/30/2024 10:00:00 AM
HB 55
HB 169 Public Testimony Rec'd by 043024.pdf HFIN 4/30/2024 10:00:00 AM
HB 169
HB 145 Amendment 1 Coulombe 042924.pdf HFIN 4/30/2024 10:00:00 AM
HB 145
HB 234 Public Testimony Rec'd by 050224.pdf HFIN 4/30/2024 10:00:00 AM
HB 234