Legislature(2013 - 2014)HOUSE FINANCE 519

04/09/2013 09:00 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued at 4:30 p.m. Today --
+= SB 21 OIL AND GAS PRODUCTION TAX TELECONFERENCED
Heard & Held
+ SB 18 BUDGET: CAPITAL TELECONFERENCED
Scheduled But Not Heard
+ SB 7 CORPORATE INCOME TAX TELECONFERENCED
Scheduled But Not Heard
+ SB 57 LITERACY, PUPIL TRANSP, TEACHER NOTICES TELECONFERENCED
Scheduled But Not Heard
*+ HR 8 TASK FORCE ON SUSTAINABLE EDUCATION TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 76 UNEMPLOYMENT; ELEC. FILING OF LABOR INFO TELECONFERENCED
Moved CSHB 76(FIN) Out of Committee
+= HB 63 EXTEND BAR ASS'N BOARD OF GOVERNORS TELECONFERENCED
Moved CSHB 63(FIN) Out of Committee
HOUSE BILL NO. 76                                                                                                             
                                                                                                                                
     "An  Act  relating  to  electronic  filing  of  certain                                                                    
     information with the Department  of Labor and Workforce                                                                    
     Development;  relating  to  surcharges,  rate  increase                                                                    
     reduction,  prohibition   on  the  relief   of  certain                                                                    
     charges, the  unemployment trust fund account,  and the                                                                    
     offset of certain  unemployment compensation debt under                                                                    
     the  Alaska Employment  Security Act;  relating to  the                                                                    
     definition of 'covered  unemployment compensation debt'                                                                    
     in the  Alaska Employment  Security Act;  and providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
Representative  Holmes MOVED  to  ADOPT Amendment  1 to  the                                                                    
legislation.  The amendment  would  change  the sunset  date                                                                    
from 2018 to 2016 (page 6, line 3).                                                                                             
                                                                                                                                
Representative   Kawasaki  OBJECTED   for  the   purpose  of                                                                    
discussion.                                                                                                                     
                                                                                                                                
Representative Holmes  noted that the amendment  changed the                                                                    
5-year sunset  date to a  3-year sunset and would  provide a                                                                    
3-year  try out  period  to  make sure  the  bill worked  as                                                                    
intended.                                                                                                                       
                                                                                                                                
Vice-Chair  Neuman  asked  about   the  meaning  of  291  in                                                                    
layman's terms. ["291" was most  likely made in reference to                                                                    
AS 23.20.291,  which is  the statute that  Section 6  of the                                                                    
bill  addressed.] Representative  Holmes responded  that the                                                                    
commissioner would  probably be better suited  to answer the                                                                    
question,  but  understood that  it  was  associated with  a                                                                    
formula that  determined year-by-year whether the  tax rates                                                                    
for the unemployment insurance needed  to be raised; Section                                                                    
6 of  the bill  gave the Department  of Labor  and Workforce                                                                    
Development, in certain  circumstances, some discretion that                                                                    
it did not currently have.                                                                                                      
                                                                                                                                
Representative  Wilson  inquired  why the  sunset  date  was                                                                    
being  reduced by  2  years.  Representative Holmes  replied                                                                    
that she was not entirely sure  what Section 6 did, but that                                                                    
it  used a  3-year average  in the  formula calculation  and                                                                    
thought  that given  the level  of  uncertainty involved,  3                                                                    
years  would provide  a feel  for how  the bill  was working                                                                    
without being too  worried about the level of  the fund. She                                                                    
concluded  that the  3-year sunset  period was  not a  magic                                                                    
number.                                                                                                                         
                                                                                                                                
Representative  Wilson   inquired  if  the  intent   of  the                                                                    
original  sunset in  2018  was  to do  the  same look  back.                                                                    
Representative Holmes replied that  it was her understanding                                                                    
that  the look  back was  consistent with  Section 6  of the                                                                    
bill.                                                                                                                           
                                                                                                                                
Representative Gara  noted that  he had  a question  for the                                                                    
commissioner that was unrelated to the amendment.                                                                               
                                                                                                                                
Representative Kawasaki WITHDREW his OBJECTION.                                                                                 
                                                                                                                                
There being NO further OBJECTION, Amendment 1 was ADOPTED.                                                                      
                                                                                                                                
4:52:18 PM                                                                                                                    
                                                                                                                                
DIANE   BLUMER,  COMMISSIONER,   DEPARTMENT  OF   LABOR  AND                                                                    
WORKFORCE DEVELOPMENT, deferred the question to Mr. Dick.                                                                       
                                                                                                                                
Representative  Gara  queried  how   much  the  surplus  was                                                                    
currently, as  well as the difference  between income coming                                                                    
in and expenses going out for the past year or two.                                                                             
                                                                                                                                
PAUL   DICK,   DIRECTOR,   EMPLOYMENT   SECURITY   DIVISION,                                                                    
DEPARTMENT OF LABOR AND  WORKFORCE DEVELOPMENT, replied that                                                                    
the  fund was  a  reserve concept  and that  the  idea of  a                                                                    
surplus was not really applicable  to the orientation of the                                                                    
fund;  however, the  department did  believe there  was room                                                                    
for the exercise of discretion that  was in Section 6 of the                                                                    
bill to  allow for some reduction  in the tax rates  so that                                                                    
the  reserve  would remain  solvent  in  the short-term  and                                                                    
long-term future.                                                                                                               
                                                                                                                                
Mr. Dick inquired  what the second part of  the question had                                                                    
been. Representative Gara queried  what the surplus was now,                                                                    
as  well as  what the  expenses  and income  were. Mr.  Dick                                                                    
responded  that  the  past  several  years  there  had  been                                                                    
greater  benefits paid  out than  revenues.  He pointed  out                                                                    
that FY12  was the last fiscal  year on record and  that the                                                                    
revenues  were  close  to  the benefits  in  that  year.  He                                                                    
thought that  the department was  coming out of  a recession                                                                    
where there was a high cost  of benefits, but that the trend                                                                    
was  turning around;  he  offered that  this  was a  typical                                                                    
business cycle that  the department had seen  over the years                                                                    
for unemployment  insurance and claims. He  added that there                                                                    
were years of  high benefits that exceeded  the revenue, but                                                                    
that the  department was seeing  that turning around  as the                                                                    
economy came out of recession.                                                                                                  
                                                                                                                                
Representative Gara  understood that  FY12 was  roughly even                                                                    
in terms of revenues and  benefits and inquired how much the                                                                    
deficit  had been  the  year  before, as  well  as what  the                                                                    
surplus  was.  Mr.  Dick  believed   the  deficit  had  been                                                                    
approximately $10 million out  of $170 million collected and                                                                    
that the current trust fund balance was $251 million.                                                                           
                                                                                                                                
Representative Kawasaki offered that  the term surplus was a                                                                    
misnomer  and inquired  if the  fund  had ever  been in  the                                                                    
negative  since 1983.  Mr. Dick  replied that  the fund  had                                                                    
never been in the negative.                                                                                                     
                                                                                                                                
Representative Kawasaki  further queried  if there  had been                                                                    
years  that the  fund had  put out  more money  than it  had                                                                    
taken in. Mr. Dick replied in the affirmative.                                                                                  
                                                                                                                                
Representative Kawasaki  observed that  there were  very few                                                                    
mechanical formulas  that had worked successfully,  but that                                                                    
this  fund seemed  to  be  one. He  observed  that the  fund                                                                    
seemed  well managed  and expressed  concern that  tinkering                                                                    
with it would risk its solvency.                                                                                                
                                                                                                                                
4:57:45 PM                                                                                                                    
                                                                                                                                
Representative  Munoz  inquired  if the  suspension  of  the                                                                    
increase  would ultimately  be due  from the  employer if  a                                                                    
commissioner   had   determined   that  the   increase   was                                                                    
suspended.  She further  inquired  if the  payment would  be                                                                    
ultimately due.                                                                                                                 
                                                                                                                                
BRYNN  KEITH,  ACTING  DEPUTY  COMMISSIONER,  DEPARTMENT  OF                                                                    
LABOR AND  WORKFORCE DEVELOPMENT, answered  that ultimately,                                                                    
the tax  would be collected.  What the bill did  as designed                                                                    
was  defer  that  collection during  a  period  of  economic                                                                    
recovery in  order to give  employers more time  to recover;                                                                    
furthermore, the  fund would try  to get to the  "magical" 3                                                                    
percent  to  3.3  percent reserve  rate  that  included  the                                                                    
surplus  that the  department  talked  about. She  explained                                                                    
that the department  wanted to be at the  surplus when there                                                                    
was an  economic downturn; the  system was designed  so that                                                                    
that surplus was a buffer when  the fund was paying out more                                                                    
money than it was taking in.                                                                                                    
                                                                                                                                
Representative  Munoz   requested  an  explanation   of  the                                                                    
training  programs that  "this"  funded.  Ms. Keith  replied                                                                    
that  the training  funds for  both the  State Training  and                                                                    
Employment   Program  (STEP)   and   the  Alaska   Technical                                                                    
Vocational  Education Program  (TVEP) were  from taxes  that                                                                    
came  off  of  employees'  wages; it  was  the  same  amount                                                                    
irrespective  of the  unemployment  insurance taxation.  She                                                                    
expounded that any  changes that would made in  terms of the                                                                    
bill would be  moot in relation to the  contribution to STEP                                                                    
and  TVEP; what  would affect  the 2  programs was  how many                                                                    
individuals  were working,  what the  average wage  was, and                                                                    
other factors in the economy.                                                                                                   
                                                                                                                                
Representative Costello discussed one  zero fiscal note from                                                                    
the Department  of Labor and  Workforce Development  and one                                                                    
fiscal  impact  note  from  the   Department  of  Labor  and                                                                    
Workforce Development.                                                                                                          
                                                                                                                                
Representative Costello  MOVED to  REPORT CSHB 76  (FIN) out                                                                    
of  committee   with  individual  recommendations   and  the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSHB 76(FIN) was  REPORTED out of committee  as amended with                                                                    
a "do  pass" recommendation and  with one new  fiscal impact                                                                    
note from the Department  of Labor and Workforce Development                                                                    
and one  new zero fiscal  note from the Department  of Labor                                                                    
and Workforce Development.                                                                                                      
                                                                                                                                
5:01:04 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:02:14 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
AVCG BRPC House Finance Hearing SB 21 Thompson 040813 FINAL SLIDES.pdf HFIN 4/9/2013 9:00:00 AM
SB 21
Donkels Oil and Gas Testimony SB 21.docx HFIN 4/9/2013 9:00:00 AM
SB 21
SB 7 - Backup Doc DOR 2012 Annual Report - Figure 1.pdf HFIN 4/8/2013 1:30:00 PM
HFIN 4/9/2013 9:00:00 AM
SB 7
SB 7 - Sponsor Statement H FIN.pdf HFIN 4/9/2013 9:00:00 AM
SB 7
SB 7 - Press Related to SB 7 H FIN.pdf HFIN 4/9/2013 9:00:00 AM
SB 7
SB 7 - Letters of Support H FIN.pdf HFIN 4/8/2013 1:30:00 PM
HFIN 4/9/2013 9:00:00 AM
SB 7
HR8 Sponsor Statement.pdf HFIN 4/9/2013 9:00:00 AM
HR 8
SB 7 - Explanation of change between Vs U and U.pdf HFIN 4/9/2013 9:00:00 AM
SB 7
SB 7 - Backup Doc Range of St Corp Income Tax Rates 2013.pdf HFIN 4/9/2013 9:00:00 AM
SB 7
SB 7 - Backup Doc LRS Report Ak Corp Income Tax Revenues.pdf HFIN 4/8/2013 1:30:00 PM
HFIN 4/9/2013 9:00:00 AM
SB 7
03122013_SB57_SampleParentInvolvement_Pamphlet_Idaho.pdf HFIN 4/9/2013 9:00:00 AM
SB 57
03132013_SB57_SupportLetters.pdf HFIN 4/9/2013 9:00:00 AM
SB 57
03122013_SB57_Third Grade Reading Policies.pdf HFIN 4/9/2013 9:00:00 AM
SB 57
03132013_SB57_ECS_Third Grade Literacy Policies.pdf HFIN 4/9/2013 9:00:00 AM
SB 57
04082013_SB57_SponsorStatement_VersionR.pdf HFIN 4/9/2013 9:00:00 AM
SB 57
04082013_SB57_Sectional_VersionR.pdf HFIN 4/9/2013 9:00:00 AM
SB 57
03182013_SB57_Letter_NEA.pdf HFIN 4/9/2013 9:00:00 AM
SB 57
2013-04-09 FINAL AOGA Testimony to H Finance re SB 21.docx HFIN 4/9/2013 9:00:00 AM
SB 21
04 09 13 SB 21AOGA House Finance KM.pdf HFIN 4/9/2013 9:00:00 AM
SB 21
Pioneer Testimony HCS SB 21 (RES) FINAL.pdf HFIN 4/9/2013 9:00:00 AM
SB 21
SB 21 ASRC HFIN 04 09 13.ASRC.doc HFIN 4/9/2013 9:00:00 AM
SB 21
CS for HR8 Changes.docx HFIN 4/9/2013 9:00:00 AM
HR 8
HR8 Sponsor Statement.pdf HFIN 4/9/2013 9:00:00 AM
HR 8
HB 76 Additional Information 4-9-2013.pdf HFIN 4/9/2013 9:00:00 AM
HB 76
SB 21 BP Response to Questions.pdf HFIN 4/9/2013 9:00:00 AM
SB 21
HB 76 Updated NFIB Support.pdf HFIN 4/9/2013 9:00:00 AM
HB 76