Legislature(2013 - 2014)SENATE FINANCE 532

04/12/2013 01:30 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 90 SCHOOL DISTRICT EMPLOYEE HEALTH INSURANCE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 129 OIL & GAS EXPLORATION/DEVELOPMENT AREAS TELECONFERENCED
Moved CSHB 129(FIN) Out of Committee
+= HB 23 KNIK ARM BRIDGE AND TOLL AUTHORITY TELECONFERENCED
Heard & Held
+= SB 13 KNIK ARM BRIDGE AND TOLL AUTHORITY TELECONFERENCED
Heard & Held
+= HB 76 UNEMPLOYMENT; ELEC. FILING OF LABOR INFO TELECONFERENCED
Moved CSHB 76(FIN) Out of Committee
CS FOR HOUSE BILL NO. 76(FIN)                                                                                                 
                                                                                                                                
     "An  Act  relating  to  electronic  filing  of  certain                                                                    
     information with the Department  of Labor and Workforce                                                                    
     Development;  relating  to fund  solvency  adjustments,                                                                    
     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."                                                                                 
                                                                                                                                
1:47:52 PM                                                                                                                    
                                                                                                                                
GREG CASHEN, ASSISTANT COMMISIONER, DEPARTMENT OF LABOR AND                                                                     
WORKFORCE DEVELOPMENT, testified that HB 76 would do four                                                                       
things:                                                                                                                         
                                                                                                                                
   · allow for electronic filing of reports                                                                                     
   · improve the department's ability to recoup fraudulent                                                                      
     unemployment insurance payments                                                                                            
   · adopt minor changes to bring the department into                                                                           
     compliance with federal law                                                                                                
   · change how unemployment tax rates are set in an effort                                                                     
     to keep money in the  hands of employers and employees;                                                                    
     keeping  money circulating  through  the economy  while                                                                    
     protecting the integrity of the trust fund                                                                                 
                                                                                                                                
1:49:09 PM                                                                                                                    
                                                                                                                                
PAUL   DICK,   DIRECTOR,   EMPLOYMENT   SECURITY   DIVISION,                                                                    
DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, highlighted                                                                      
the sections of the bill.                                                                                                       
                                                                                                                                
     Section   1  adds   a   new   section,  AS   23.05.055,                                                                    
     authorizing  the  commissioner  to  allow  the  use  of                                                                    
    electronic filing methods in place of paper filing.                                                                         
                                                                                                                                
     Section   2  adds   a   new   section,  AS   23.20.021,                                                                    
     authorizing the  legislature to appropriate  money into                                                                    
     the unemployment trust fund account.                                                                                       
                                                                                                                                
     Section 3  adds a new  section, AS 23.20.279,  to bring                                                                    
     the state into conformity  with federal law, Public Law                                                                    
     112-40,  by  prohibiting  the   relief  of  charges  to                                                                    
     employers  when an  erroneous  payment of  unemployment                                                                    
     insurance  benefits  is  made  due  to  an  established                                                                    
     pattern of the  employer, or an agent  of the employer,                                                                    
     for  failing  to  respond timely  or  adequately  to  a                                                                    
     documented request for information  relating to a claim                                                                    
     for  unemployment  compensation. This  section  defines                                                                    
     "erroneous payment"  as a payment  made that  would not                                                                    
     have otherwise  been paid, but  was due to  the failure                                                                    
     of the  employer to respond timely  or adequately. This                                                                    
     section  also defines  "pattern of  failing" as  two or                                                                    
     more times or 2% or  more of all requests, whichever is                                                                    
     greater, during the prior year.                                                                                            
                                                                                                                                
Mr. Dick  noted that conforming to  the federal requirements                                                                    
was necessary  for the state  to qualify for the  90 percent                                                                    
Federal  Unemployment Tax  Act (FUTA)  credit. He  said that                                                                    
the  tax credit  was 6  percent and  that Alaskan  employers                                                                    
received a 90 percent credit.  He shared that employers paid                                                                    
10 percent  of the tax, .6  percent, rather than the  full 6                                                                    
percent. He  warned that losing  the credit would  result in                                                                    
an additional  yearly payment total  of $378,  per employee,                                                                    
collectively  resulting in  a $115  million hit  to Alaska's                                                                    
economy. He  said that an  additional benefit of  the credit                                                                    
was  that it  required the  state to  deposit 30  percent of                                                                    
penalty  collections into  the unemployment  insurance trust                                                                    
fund.  He  explained  that currently,  100  percent  of  the                                                                    
penalties  went  into  the  General  Fund;  the  30  percent                                                                    
provision   would  result   in   more   money  in   Alaska's                                                                    
unemployment  insurance trust  fund, which  would ultimately                                                                    
help employers.                                                                                                                 
                                                                                                                                
Mr. Dick continued with the sectional analysis:                                                                                 
                                                                                                                                
     Section  4 amends  AS 23.20.290(c)  by adding  the word                                                                    
     "surcharge"   following   the  words   "fund   solvency                                                                    
     adjustment".                                                                                                               
                                                                                                                                
Mr. Dick  explained that  when calculating  the unemployment                                                                    
insurance  checks the  department  used  a base  calculation                                                                    
that  examined the  state's benefits  over  the prior  three                                                                    
years.  He  said  that there  was  additional  provision  in                                                                    
statue that had  a target of 3 to 3.3  percent for the trust                                                                    
fund.  He relayed  that the  two  components added  together                                                                    
determined  the  unemployment  insurance tax  rate  for  the                                                                    
state. He continued:                                                                                                            
                                                                                                                                
     Section  5   repeals  and  reenacts   AS  23.20.290(f),                                                                    
     replacing a table method  for determining fund solvency                                                                    
     adjustment surcharges  with a more  precise calculation                                                                    
     method. It  also eliminates the 0.3  limitation on fund                                                                    
     solvency  adjustment surcharge  decreases  in a  single                                                                    
     year.                                                                                                                      
                                                                                                                                
Mr. Dick relayed that the  section removed a table currently                                                                    
in  statute   and  replaced  it   with  verbiage   took  the                                                                    
calculation of  the solvency adjustment  for .10  percent to                                                                    
.100  percent.  He  said  that would  make  the  trust  fund                                                                    
solvency  adjustment  consistent  with   the  base  rate  as                                                                    
calculated to the .100 percent.  He added that it would make                                                                    
for more  precise calculations and would  remove the current                                                                    
0.3 decrease  limitation. He shared  that Alaska was  one of                                                                    
three states where  the employee and the  employer paid into                                                                    
the unemployment  trust fund. He  underscored that  the bill                                                                    
would  not affect  the amount  of training  funds that  went                                                                    
into the  Statewide Training  and Employment  Program (STEP)                                                                    
and  the  Technical   Vocational  Education  Program  (TVEP)                                                                    
training funds.                                                                                                                 
                                                                                                                                
Mr. Dick continued with the sectional analysis:                                                                                 
                                                                                                                                
     Section   6  adds   a   new   section,  AS   23.20.291,                                                                    
     authorizing the  commissioner to  suspend, in  whole or                                                                    
     in part,  increases in unemployment tax  rates when the                                                                    
     "average  high cost  multiple," a  measure of  solvency                                                                    
     calculated by the U.S.  Department of Labor, Employment                                                                    
     and  Training Administration,  is  0.8  or greater  and                                                                    
     after consultation with the department's actuary.                                                                          
                                                                                                                                
Mr.  Dick  explained  that  the   suspension  would  not  be                                                                    
automatic and  would require the action  of the commissioner                                                                    
to suspend the  increase. He said that this  would allow for                                                                    
flexibility  to  adjust  rates   when  the  trust  fund  was                                                                    
healthy.  He  said  that  the fund  was  currently  at  $251                                                                    
million. He noted the sunset date in Section 10.                                                                                
                                                                                                                                
Mr. Dick continued with the sectional analysis:                                                                                 
                                                                                                                                
     Section  7 amends  AS 23.20.390(f)  to bring  the state                                                                    
     into conformity  with federal  law, Public  Law 112-40,                                                                    
     by  removing the  department's authority  to waive  the                                                                    
     collection   of   a    penalty   established   due   to                                                                    
     misrepresentation and  requires that  a minimum  of 30%                                                                    
     of the  unemployment insurance penalties  collected due                                                                    
     to  misrepresentation  be  deposited into  the  state's                                                                    
     unemployment trust fund account.                                                                                           
                                                                                                                                
     Section 8  adds new section, AS  23.20.486 to authorize                                                                    
     the  department  to  offset  unemployment  compensation                                                                    
     debt against  a claimant's  federal income  tax refund.                                                                    
     This section  would allow the  state to  participate in                                                                    
     the federal treasury offset program.                                                                                       
                                                                                                                                
Mr.  Dick said  that the  change  would allow  the state  to                                                                    
offset federal  tax income tax returns  against unemployment                                                                    
insurance  liabilities.   He  shared  that   the  department                                                                    
estimated $500,000 in additional collections.                                                                                   
                                                                                                                                
Mr. Dick stated that the remaining sections pertained to                                                                        
effective dates:                                                                                                                
                                                                                                                                
     Section  9  amends  AS  23.20.520,   by  adding  a  new                                                                    
     paragraph to define  "covered unemployment compensation                                                                    
     debt"   in  accordance   with  the   federal  statutory                                                                    
     definition.                                                                                                                
                                                                                                                                
     Section   10  effective   July  1,   2016  repeals   AS                                                                    
     23.20.291, added by section 6 of this bill.                                                                                
                                                                                                                                
     Section 11  amends state  uncodified law  by specifying                                                                    
     that AS  23.20.279, added  by section  3 of  this bill,                                                                    
     applies to overpaid  benefits established after October                                                                    
     21, 2013.                                                                                                                  
                                                                                                                                
     Section  12 specifies  that the  department will  adopt                                                                    
     necessary    regulations    to    implement    changes.                                                                    
     Regulations  will not  be effective  prior  to July  1,                                                                    
     2013.                                                                                                                      
                                                                                                                                
     Section  13 establishes  that section  12 takes  effect                                                                    
     immediately.                                                                                                               
                                                                                                                                
     Section  14  establishes  the effective  date  for  the                                                                    
     remaining sections of this Act as July 1, 2013.                                                                            
                                                                                                                                
1:59:32 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  asked whether the  30 percent  deposit into                                                                    
the unemployment insurance was fixed.                                                                                           
                                                                                                                                
Mr.  Dick  replied that  federal  law  required a  least  30                                                                    
percent.                                                                                                                        
                                                                                                                                
2:00:11 PM                                                                                                                    
                                                                                                                                
Senator   Hoffman   wondered   whether  other   states   had                                                                    
contemplated a higher percentage.                                                                                               
                                                                                                                                
Mr. Dick responded  that he was not aware  what other states                                                                    
were doing.                                                                                                                     
                                                                                                                                
2:00:18 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  queried why the  minimum of 30  percent had                                                                    
been chosen.                                                                                                                    
                                                                                                                                
Mr. Dick deferred the question to Ms. Pallesen.                                                                                 
                                                                                                                                
2:00:44 PM                                                                                                                    
                                                                                                                                
AESHA  PALLESEN,   ASSISTANT  ATTORNEY  GENERAL,   STATE  OF                                                                    
ALASKA, ANCHORAGE (via  teleconference), understood that the                                                                    
30 percent  amount was  chosen because  that was  the number                                                                    
necessary to  meet federal requirements.  She said  that she                                                                    
had advised the department to  choose 30 percent in order to                                                                    
meet federal compliance.                                                                                                        
                                                                                                                                
2:01:52 PM                                                                                                                    
                                                                                                                                
Senator Hoffman probed the additional  benefits if the state                                                                    
paid a higher percentage.                                                                                                       
                                                                                                                                
Ms. Pallesen was unsure that  increasing the percentage rate                                                                    
of what went  into the trust fund would result  in the state                                                                    
receiving additional federal monetary benefits.                                                                                 
                                                                                                                                
2:02:28 PM                                                                                                                    
                                                                                                                                
Senator  Hoffman thought  that if  the funds  went into  the                                                                    
trust fund,  rather than  the general  fund, there  could be                                                                    
more dollars for the STEP and TVEP programs.                                                                                    
Ms. Pallesen  responded that  under the  federal regulations                                                                    
the 30 percent of penalties  collected could not go into the                                                                    
general fund.                                                                                                                   
                                                                                                                                
2:03:28 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  responded that  he understood.  He believed                                                                    
that it  the percentage were  to be raised then  there would                                                                    
be more  money to  invest in  training programs,  instead of                                                                    
going  into  the  General  Fund,  which  would  benefit  the                                                                    
state's workforce.                                                                                                              
                                                                                                                                
Ms.  Pallesen deferred  the question  to  the Department  of                                                                    
Labor and Workforce Development.                                                                                                
                                                                                                                                
2:04:09 PM                                                                                                                    
                                                                                                                                
Senator Hoffman restated his question.                                                                                          
                                                                                                                                
Mr. Dick  stated that the  training program funds  came from                                                                    
the  employee  contributions  and   that  the  monies  under                                                                    
discussion were penalty funds.                                                                                                  
                                                                                                                                
Senator Hoffman asked where the 30 percent would go.                                                                            
                                                                                                                                
Mr. Dick replied that currently,  all of the money collected                                                                    
just on the penalties went  into the General Fund. Under the                                                                    
legislation,  30 percent  of the  collections would  go into                                                                    
the unemployment insurance trust  fund, and 70 percent would                                                                    
go to the General Fund.                                                                                                         
                                                                                                                                
Senator Hoffman asked if employer rates could be reduced.                                                                       
                                                                                                                                
2:05:36 PM                                                                                                                    
                                                                                                                                
Mr.  Dick responded  in  the affirmative.  He  said that  an                                                                    
increase in the rate would  increase revenues into the trust                                                                    
fund and mitigate the tax rates.                                                                                                
                                                                                                                                
2:06:03 PM                                                                                                                    
                                                                                                                                
Senator  Bishop   asked  which  section  of   the  bill  the                                                                    
department could live without.                                                                                                  
                                                                                                                                
Mr.  Dick responded  the  department felt  that  all of  the                                                                    
provisions of the bill were critical.                                                                                           
                                                                                                                                
2:07:10 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer asked  if there was a time  constraint on the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Mr.  Dick replied  that state  conformance  was required  by                                                                    
October 21, 2013.                                                                                                               
                                                                                                                                
2:07:35 PM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough asked how long  the state had been out                                                                    
of compliance.                                                                                                                  
                                                                                                                                
Mr. Dick  replied that the  state was not out  of compliance                                                                    
until  October   21,  2013.  He  stated   that  the  federal                                                                    
government  understood that  the  changes would  need to  go                                                                    
through the legislative  process and gave states  2 years to                                                                    
meet compliance.                                                                                                                
                                                                                                                                
2:08:29 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer wondered  what would happen if  the state did                                                                    
not comply.                                                                                                                     
                                                                                                                                
Mr. Dick  responded that the  state would lose the  FUTA tax                                                                    
credit, which was 90 percent of  the tax rate and equated to                                                                    
$378 per employee, per year.                                                                                                    
                                                                                                                                
2:09:30 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer OPENED public testimony.                                                                                         
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
2:10:02 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough   discussed  the  two   fiscal  notes                                                                    
attached to  the bill.  She noted  the increase  in $500,000                                                                    
FY14  through  FY19. She  wondered  if  the note  should  be                                                                    
updated to reflect the changing of the sunset date to 2016.                                                                     
                                                                                                                                
Vice-chair Fairclough MOVED  to REPORT CS HB  76(FIN) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CS  HB 76(FIN)  was REPORTED  out  of committee  with a  "do                                                                    
pass"  recommendation and  with previously  published fiscal                                                                    
impact  note:  FN4  (LWF);  and  previously  published  zero                                                                    
fiscal note: FN3 (LWF).                                                                                                         
                                                                                                                                
2:12:06 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:19:32 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

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