Legislature(2013 - 2014)BARNES 124

03/13/2013 03:15 PM House LABOR & COMMERCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 76 UNEMPLOYMENT; ELEC. FILING OF LABOR INFO TELECONFERENCED
Heard & Held
+= HB 74 AIDEA: LNG PROJECT; DIVIDENDS; FINANCING TELECONFERENCED
Heard & Held
*+ HB 112 REPEAL FILM PRODUCTION TAX CREDIT TELECONFERENCED
Heard & Held
         HB 76-UNEMPLOYMENT; ELEC. FILING OF LABOR INFO                                                                     
                                                                                                                                
3:27:15 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
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."                                                                                                             
                                                                                                                                
3:28:27 PM                                                                                                                    
                                                                                                                                
PAUL  DICK,  Director,  Central Office,  Division  of  Employment                                                               
Security  (DES),  Department  of Labor  &  Workforce  Development                                                               
(DLWD), offered a  brief recap of HB 76.   He stated that Section                                                               
1  allows   the  commissioner  to  allow   electronic  filing  of                                                               
documents in  place of paper filing.   Section 2 would  allow for                                                               
an  appropriation  into  the unemployment  (UI)  trust  fund  and                                                               
Section  3 is  a conforming  section for  federal provisions  for                                                               
relief of charges  for UI.  Section 4 would  repeal and reenact a                                                               
table to  address the  trust fund solvency  and also  would allow                                                               
for  the UI  trust  fund  solvency to  be  calculated  at a  more                                                               
precise percentage, to the hundredths  of a percent instead of to                                                               
tenths of a  percent.  He related that Section  5 would allow the                                                               
commissioner of DLWD  to suspend all or part of  the increases of                                                               
the UI tax rates conditioned on  an average high cost multiple of                                                               
.8 or  greater.  He stated  that Section 6 would  bring the state                                                               
into  conformity with  federal law  by removing  the department's                                                               
authority to waive  collection of a penalty established  due to a                                                               
misrepresentation.   Additionally,  this section  would authorize                                                               
the department to deposit 30  percent of penalty collections into                                                               
the UI trust fund.    Section 7 would authorize the department to                                                               
offset UI compensation debts through  the federal treasury offset                                                               
program -  which addresses  individual income  tax refunds  - and                                                               
place them  into the UI  trust fund.   Section 8  defines covered                                                               
employment  compensation.   He concluded  his summary  by stating                                                               
that Sections 9-11 relate to the effective date.                                                                                
                                                                                                                                
3:30:39 PM                                                                                                                    
                                                                                                                                
BARBARA  HUFF TUCKNESS,  Director,  Governmental and  Legislative                                                               
Affairs, Teamsters Local  959, offered to touch  on the important                                                               
points.   She commended  the department  for requesting  the bill                                                               
and offered support for the bill  except for Section 5.  She said                                                               
that the  unemployment insurance  tax formula  has been  in place                                                               
for 20-plus years  and is a sound formula.   She related that the                                                               
Teamsters Local  959 (Teamsters)  represents about  7,000 working                                                               
teamsters around the  state in almost every  industry, except for                                                               
the tourism and  fishing industries.  She  informed the committee                                                               
that the Teamsters Local 959  is also incorporated as an employer                                                               
so  the Teamsters  would be  affected by  the employer  tax rates                                                               
under the  bill.   In 2012,  as an  employer, the  Teamsters paid                                                               
$37,000  in UI  taxes.   Additionally, the  Teamster's employees,                                                               
about 35 employees,  paid approximately $8,300 in UI  taxes.  She                                                               
reported that Alaska  is one of three states in  the country with                                                               
employer and  employee contributions going into  the unemployment                                                               
insurance (UI)  trust fund.   The UI  trust fund has  been sound,                                                               
even during the recent U.S.  recession, in which 33 states became                                                               
insolvent.  In fact, the state has  had a sound plan and has been                                                               
able  to  make contributions  to  employees  who find  themselves                                                               
unemployed.                                                                                                                     
                                                                                                                                
3:34:00 PM                                                                                                                    
                                                                                                                                
MS. HUFF TUCKNESS  referred to questions the  Teamsters asked the                                                               
department and said while the  DLWD's answers don't clearly prove                                                               
the Teamsters point,  they do raise some  questions about Section                                                               
5 for  the committee to  consider as it  deliberates HB 76.   She                                                               
read the first question the  Teamsters posed, which asked whether                                                               
employers and employees  will be required to pay  more than under                                                               
the  earlier [UI  tax] rate  if it  had not  been suspended  in a                                                               
situation in  which the  UI tax rate  increases are  suspended as                                                               
referenced in  Section 5  of the bill  and the  average high-cost                                                               
multiple falls below  the trigger.  She  related the department's                                                               
response  that if  rate increases  are  suspended, employers  and                                                               
employees would be  required to pay slightly more in  UI taxes in                                                               
subsequent years than  they would have if increases  had not been                                                               
suspended in  earlier years.   However, over  the long  term, the                                                               
amount paid  by employers and  employees would be about  the same                                                               
or slightly less  than if increases were never  suspended.  Thus,                                                               
the department's view is the  suspension would have the effect of                                                               
deferring suspended  taxes that  would be absorbed  over multiple                                                               
years after the suspensions.                                                                                                    
                                                                                                                                
MS.  HUFF  TUCKNESS  explained  that  the  department's  response                                                               
raises  the question  regarding whether  the impact  on employers                                                               
and employees will  be significant enough to catch  up over time,                                                               
assuming  the  department's  information   is  from  an  actuary.                                                               
Granted, it's not a  black and white issue as the  UI tax rate is                                                               
a complicated one with a formula.   After all, the current system                                                               
has  worked.   The department,  she related,  went on  to respond                                                               
that the  intent of  the aforementioned  provision is  to provide                                                               
some flexibility so as not  to overtax employers and employees in                                                               
a year  in which it  is not necessary to  do so.   She questioned                                                               
the definition  of overtaxing  and reminded  members that  the UI                                                               
trust fund's  purpose is  to pay  compensation for  employees who                                                               
are  laid off  from  their  jobs.   In  the  event a  substantial                                                               
recession occurs  and the  UI rate  increase has  been suspended,                                                               
she was  unsure whether  adequate funds will  exist to  cover UI.                                                               
Further, she  questioned whether  reducing UI taxes  on employers                                                               
and   employees  might   put  the   state  into   insolvency  and                                                               
necessitate borrowing  from the federal government  to ensure the                                                               
UI  trust fund  has  a sufficient  balance.  Additionally, if  it                                                               
became  necessary  to borrow  from  the  federal government,  the                                                               
state would repay the loan with interest.                                                                                       
                                                                                                                                
3:37:51 PM                                                                                                                    
                                                                                                                                
MS.  HUFF TUCKNESS  related that  in response  to the  Teamsters'                                                               
question inquiring  as to  the meaning  of the  average high-cost                                                               
multiple, the DLWD explained that  the average high-cost multiple                                                               
is a  measure of the UI  Trust fund's solvency used  primarily by                                                               
the federal government to compare  state systems and to encourage                                                               
states to keep  a healthy amount in reserve.   This measure looks                                                               
at  the  state's  recent history,  the  previous  three  national                                                               
recessions or 20  years, whichever is longer,  to determine which                                                               
percentage of the  employers' wages was paid  out in unemployment                                                               
insurance  claims.   The three  highest cost  years, in  terms of                                                               
percentages, are then averaged and  compared to the current trust                                                               
fund balance.   An  average high-cost multiple  of 1.0  means the                                                               
state has as much money in its  trust fund as a percentage of the                                                               
total  wages  of  employers covered  by  the  state  unemployment                                                               
insurance system  as the average  percentage was paid  out during                                                               
those three  higher cost years.   Ms. Huff Tuckness  related that                                                               
percentages  are used  rather  than the  actual  amounts since  a                                                               
larger economy  would mean that more  employees could potentially                                                               
file for  unemployment benefits.   She explained that  this would                                                               
require a  larger amount be  paid out or  required to be  held in                                                               
the reserve  and assumes  a potential  run on  the UI  trust fund                                                               
could  occur  in the  event  a  large  number of  employees  were                                                               
subsequently laid off.                                                                                                          
                                                                                                                                
3:39:37 PM                                                                                                                    
                                                                                                                                
MS.  HUFF TUCKNESS  expressed another  concern regarding  whether                                                               
sufficient  reserves could  be built  up if  the UI  tax rate  is                                                               
reduced if Section 5 was adopted.   For example, the multiple has                                                               
been  nine-tenths of  a percent  for ten  years and  assuming the                                                               
economy changes and  the rates can no longer  be suspended, using                                                               
the contribution  rate in 2011-12  - which increased  by one-half                                                               
of one percent  - it appears as though the  department could only                                                               
collect three-tenths of one percent,  which would be insufficient                                                               
to build up the  reserves in the UI trust fund.   In fact, if the                                                               
UI  tax  rates are  suspended,  she  predicted the  employer  and                                                               
employee would ultimately  pay more in order to  replenish the UI                                                               
trust fund.   The department  responded that the suspension  of a                                                               
tax increase  would likely result  in a slightly higher  tax rate                                                               
in  the  next year  or  two  since  the current  calculations  in                                                               
statutes and  unchanged by  HB 76  would move  the UI  trust fund                                                               
balance back toward its desired  rate between the 3.0-3.3 percent                                                               
of total  wages paid  by employers  covered by  the system.   She                                                               
said the DLWD  further predicted it is very unlikely  that the UI                                                               
tax  rates would  rise dramatically  from one  year to  the next.                                                               
However, this bill  would delay the amount of time  it would have                                                               
to build up  the reserves in the  UI trust fund.   She was unsure                                                               
whether this proved  the Teamster's point, but  it highlights the                                                               
issue.                                                                                                                          
                                                                                                                                
MS. HUFF  TUCKNESS reminded members  that the Teamsters  would be                                                               
affected by  the bill as  both an  employer and by  its employees                                                               
[each of  which make contributions].   She highlighted  that this                                                               
raises  the question  on the  proposed department  flexibility on                                                               
the  UI   rates  and  whether   the  department  would   need  to                                                               
subsequently  catch  up  if  it reduced  rates  [and  an  adverse                                                               
economy  reduced the  UI  trust fund  balance.]   She  questioned                                                               
changing the  formula for a plan  that has been working  well for                                                               
years.  Further, Alaska's UI  trust fund has not become insolvent                                                               
as many  states experienced when  many employees in the  Lower 48                                                               
became laid off and the states  experienced a run on their funds.                                                               
Actually, these Lower 48 states  had a lack of contributions from                                                               
employers and  employees going  into the funds  to ensure  when a                                                               
recession happens  that the UI  trust fund is  adequately funded.                                                               
She  asked the  committee to  consider Section  5, and  to please                                                               
reconsider the impact of this  section on employers and employees                                                               
over the long term.                                                                                                             
                                                                                                                                
3:43:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked whether  the letter she referenced                                                               
was from Mr. Rick Boyles [dated March 1, 2013.]                                                                                 
                                                                                                                                
MS. HUFF TUCKNESS answered yes.                                                                                                 
                                                                                                                                
3:43:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether  the second  document had                                                               
been distributed to the committee.                                                                                              
                                                                                                                                
MS. HUFF  TUCKNESS answered  no.  In  further response,  Ms. Huff                                                               
Tuckness repeated  the definition of average  high-cost multiple,                                                               
as follows:                                                                                                                     
                                                                                                                                
     The  average high-cost  multiple  is a  measure of  the                                                                    
     trust  fund's solvency  used primarily  by the  federal                                                                    
     government to  compare state  systems and  to encourage                                                                    
     states  to  keep a  healthy  amount  in reserve.    The                                                                    
     measure  looks  at  the  state's  recent  history,  the                                                                    
     previous  three   national  recessions  or   20  years,                                                                    
     whichever is  longer, to determine which  percentage of                                                                    
     the  employers'  wages  was paid  out  in  unemployment                                                                    
     insurance  claims.   The three  highest cost  years, in                                                                    
     terms of  percentages, are  then averaged  and compared                                                                    
     to the  current trust fund  balance.  An  average high-                                                                    
     cost multiple of 1.0 means  the state has as much money                                                                    
     in its  trust fund as  a percentage of the  total wages                                                                    
     of   employers  covered   by  the   state  unemployment                                                                    
     insurance  system as  the average  percentage was  paid                                                                    
     out during those three higher cost years.                                                                                  
                                                                                                                                
3:45:15 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 76.                                                                                      
                                                                                                                                
[HB 76 was held over.]                                                                                                          
                                                                                                                                
The committee took an at-ease from 3:45 p.m. to 3:46 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB76 Draft Proposed Amendment ver A.1-Josephson.pdf HL&C 3/13/2013 3:15:00 PM
HB 76
HB76 Supporting Documents-DOLWD Response to Question by Rep. Josephson-UI Max WBA 3.6.13.pdf HL&C 3/13/2013 3:15:00 PM
HB 76
HB74 Supporting Documents-Assorted letters and emails of support 3-12-2013.pdf HL&C 3/13/2013 3:15:00 PM
HB 74
HB112 ver A.pdf HL&C 3/13/2013 3:15:00 PM
HB 112
HB112 Sponsor Statement.pdf HL&C 3/13/2013 3:15:00 PM
HB 112
HB112 Opposing Documents-Assorted Letters and Emails 3-12-2013.pdf HL&C 3/13/2013 3:15:00 PM
HB 112
HB76 Draft Proposed Amendment ver A.2-Herron.PDF HL&C 3/13/2013 3:15:00 PM
HB 76
HB112 Fiscal Note-DOR-TAX-03-12-13.pdf HL&C 3/13/2013 3:15:00 PM
HB 112
HB112 Fiscal Note-DCCED-DED-03-07-13.pdf HL&C 3/13/2013 3:15:00 PM
HB 112
HB112 Supporting Documents-2013_AFO_AnnualReport_Final.pdf HL&C 3/13/2013 3:15:00 PM
HB 112
HB112 Supporting Documents-August 2012 Audit of AFPTIP.pdf HL&C 3/13/2013 3:15:00 PM
HB 112
HB76 Supporting Documents-Letter State Chamber 3-12-2013.pdf HL&C 3/13/2013 3:15:00 PM
HB 76
HB74 Supporting Documents-Assorted letters and emails 3-13-2013-am.pdf HL&C 3/13/2013 3:15:00 PM
HB 74