Legislature(2005 - 2006)BUTROVICH 205

03/15/2006 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 206 DETENTION OF MATERIAL WITNESSES TELECONFERENCED
Moved CSSB 206(JUD) Out of Committee
+ SB 306 UNEMPLOYMENT INSURANCE FUND & TAXES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 222 PROTECTION OF PERSONAL INFORMATION
Moved CSSB 222(JUD) Out of Committee
           SB 306-UNEMPLOYMENT INSURANCE FUND & TAXES                                                                       
                                                                                                                              
10:07:14 AM                                                                                                                   
CHAIR RALPH SEEKINS announced SB 306 to be up for consideration.                                                                
                                                                                                                                
SENATOR  CON  BUNDE  explained   SB  306  addresses  unemployment                                                               
insurance  avoidance schemes  by unscrupulous  employers. Failure                                                               
to  pass the  bill would  result in  the de-certification  of the                                                               
Alaska  UI program  and  employers  in this  state  would lose  a                                                               
federal offset credit  of 5.4 percent, resulting  in $103 million                                                               
dollars in additional  taxes to the employer and  the state would                                                               
lose $30.8  million in administrative  and operation  funding for                                                               
UI programs.                                                                                                                    
                                                                                                                                
SENATOR  GRETCHEN  GUESS asked  what  would  happen when  someone                                                               
doesn't  comply   simply  because   they  don't   understand  the                                                               
procedure.                                                                                                                      
                                                                                                                                
JANE ALBERTS, Staff  to Senator Bunde, surmised  that there would                                                               
be notification sent  to businesses that, in the  event that they                                                               
purchase or  acquire another business  they would be  required by                                                               
law to notify the Department of Labor and Workforce Development.                                                                
                                                                                                                                
CHAIR SEEKINS  said it appears  that a business owner  would have                                                               
to  knowingly intend  to  deceive the  Department  and that  they                                                               
would  have to  be  in violation  of AS  42  U.S.C. 503(k)  (SUTA                                                               
Dumping Prevention Act of 2004).                                                                                                
                                                                                                                                
10:12:17 AM                                                                                                                   
PAULA  SCAVERA,  Special  Assistant,   Department  of  Labor  and                                                               
Workforce  Development (DOLWD),  introduced Pat  Shier to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
PAT  SHIER,  Acting  Deputy Director,  Department  of  Labor  and                                                               
Workforce  Development (DOLWD)  offered to  answer questions.  He                                                               
explained    the   bill    was   intended    to   stop    willful                                                               
misrepresentation for the purpose of  obtaining a lower rate. The                                                               
bill  complies  with  the  federal  intent  that  there  be  more                                                               
meaningful penalties  for the specific purpose  of misleading the                                                               
DOLWD  in  order  to  fraudulently  obtain  an  artificially  low                                                               
unemployment tax rate.                                                                                                          
                                                                                                                                
SENATOR GUESS  referred to her  original question and  asked what                                                               
happens when  the employing unit  purchases another  business and                                                               
does not notify the DOLWD.                                                                                                      
                                                                                                                                
CHAIR SEEKINS asked the definition of "employing unit."                                                                         
                                                                                                                                
MR. SHIER explained  an employing unit is defined as  a person or                                                               
an  organization that  has people  working for  it for  a certain                                                               
number of days.                                                                                                                 
                                                                                                                                
CHAIR  SEEKINS  asked  whether  a  self-employed  person  was  an                                                               
employing unit.                                                                                                                 
                                                                                                                                
MR. SHIER said no.                                                                                                              
                                                                                                                                
10:15:53 AM                                                                                                                   
MR. SHIER responded to Senator  Guess's earlier question and said                                                               
the section  of the  bill in  question has  been in  effect since                                                               
prior to Alaska  Statehood. When an employer fails  to notify the                                                               
DOLWD,  they  are  not  automatically   penalized.  The  bill  is                                                               
designed to  codify in law  that there is that  obligation. There                                                               
is  no  penalty associated  with  a  failure  to report.  As  the                                                               
Department  becomes  aware  of  the  failures,  they  assist  the                                                               
business owner to comply with state and federal law.                                                                            
                                                                                                                                
10:18:36 AM                                                                                                                   
SENATOR GUESS  referred to  Section 23.20.297  (a) and  asked Mr.                                                               
Shier to explain paragraphs (1-2).                                                                                              
                                                                                                                                
MR. SHIER  said it was  important to  note lines 16-17,  which is                                                               
the  purpose they  are  attempting to  describe.  If an  employer                                                               
transfers its trade or business  to a smaller business, they have                                                               
to  take  their  higher  rate  with  them.  The  rates  are  then                                                               
recalculated  based   on  existing  regulations.   Paragraph  (2)                                                               
describes the situation  if the person is not an  employer at the                                                               
time they  acquire another business  and it governs how  the rate                                                               
would be applied.                                                                                                               
                                                                                                                                
SENATOR GUESS asked for clarification  whether the business owner                                                               
would have to  be in a merge  situation in order for  the bill to                                                               
apply.                                                                                                                          
                                                                                                                                
MR. SHIER  responded the "common  ownership" portion of  the bill                                                               
is the language that the  federal government required in order to                                                               
allow states to identify the person  at the root of the transfer.                                                               
The intent of the bill is  to identify the business owner that is                                                               
attempting to purchase  another business with a  smaller tax rate                                                               
and then  to claim that  smaller tax  rate for the  merged larger                                                               
business.                                                                                                                       
                                                                                                                                
SENATOR  GUESS  referred  to paragraph  (2)  and  questioned  the                                                               
reason for involving the commissioner.                                                                                          
                                                                                                                                
MR. SHIER responded paragraph (2) deals  with a person who is not                                                               
an employer and has no  rights or responsibilities under the Act.                                                               
It is for someone  who is trying to obtain a  lower rate, such as                                                               
a person  who closes  a business  for a period  of time  and then                                                               
purchases another business and then  re-opens the closed business                                                               
and  claims  the  lower  tax   rate.  Paragraph  (2)  allows  the                                                               
Department to examine the prior  business and investigate whether                                                               
or not  the person closed  the business  for the sole  purpose of                                                               
obtaining a lower tax rate.                                                                                                     
                                                                                                                                
10:27:38 AM                                                                                                                   
MR.  SHIER  added he  could  not  answer  as  to the  reason  for                                                               
involving  the commissioner  in paragraph  (2), but  that it  was                                                               
based on federal guidelines.                                                                                                    
                                                                                                                                
SENATOR GUESS noted the bill was very confusing to read.                                                                        
                                                                                                                                
CHAIR  SEEKINS said  the  fraudulent acts  would  occur under  AS                                                               
23.20.295(d)(1) and (4).                                                                                                        
                                                                                                                                
SENATOR  GUESS  said  regardless  of  what  the  purpose  is,  AS                                                               
23.20.297(1-2)  should  be  part  of  the  system  regardless  of                                                               
whether they are fraudulent or not.                                                                                             
                                                                                                                                
CHAIR SEEKINS said  subsection (d)(2) and (3)  are not fraudulent                                                               
acts   whereas  23.20.295(d)(1)   and  (4)   would   be  if   the                                                               
commissioner found intent.                                                                                                      
                                                                                                                                
10:30:41 AM                                                                                                                   
MR. SHIER  claimed "intent and  knowing" are very  high standards                                                               
and difficult to  prove. The reason for SB 306  is due to federal                                                               
government compliance and state  employers stand to lose millions                                                               
of dollars in tax credits.                                                                                                      
                                                                                                                                
SENATOR GUESS  reiterated her opinion  that the bill  was written                                                               
in an extremely  unclear manner. She said a  business couldn't be                                                               
charged with  a crime  and asked  whom the  person would  be that                                                               
would be charged with the felony.                                                                                               
                                                                                                                                
MR. SHIER responded  it would be the individual who  has the duty                                                               
to pay.                                                                                                                         
                                                                                                                                
CHAIR SEEKINS held the bill in committee.                                                                                       

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