Legislature(2001 - 2002)

04/18/2002 01:35 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
          SB 252-EMPLOYMENT AND TRAINING PROGRAM/BOARD                                                                      
                                                                                                                              
CHAIRMAN STEVENS announced SB 252 to be up for consideration.                                                                   
                                                                                                                                
MS.  PAT  DAVIDSON,  Legislative   Auditor,  said  they  had  just                                                              
completed an audit  on the State Training and  Employment Program.                                                              
There were  a number  of purposes  for the audit  - to  review the                                                              
administration   of  the  STEP  by   the  Alaska   Human  Resource                                                              
Investment Council (ERIC) to determine  the compliance of the STEP                                                              
with state laws, to assess the impact  of the STEP on the solvency                                                              
of  the  unemployment  compensation  fund  and  to  calculate  the                                                              
employer  and the  calculation  of  the employers'  insurance  tax                                                              
rates  and to  provide some  detail  expenditure information  with                                                              
regard  to the  STEP.  Their conclusions  are  that  the STEP  was                                                              
generally  being administered  in  accordance  with statutes  with                                                              
five main exceptions.                                                                                                           
                                                                                                                                
     The  first one  is that STEP  served only  a portion  of                                                                   
     those that  were eligible. We  had found that  there was                                                                   
     no  systematic  marketing of  the  STEP program  to  all                                                                   
     those that  were eligible for the program.  Secondly, we                                                                   
     found  that federal  and possibly  state training  funds                                                                   
     were  being  displaced  by  STEP.  Basically,  STEP  was                                                                   
     created  to  assist  clients  that failed  to  meet  the                                                                   
     federal or  other programs and  that it was  intended to                                                                   
     be the  employment training  program of last  resort. We                                                                   
     found that  in the Municipality of Anchorage  employment                                                                   
     coordinators   used  STEP   funds   when  clients   were                                                                   
     potentially eligible for the  federal program, that STEP                                                                   
     grantees  were not  being required  to ascertain if  the                                                                   
     trainees  were eligible  for the  federal programs  when                                                                   
     recruiting,  that STEP  funds  were used  even when  the                                                                   
     federal funding  had not been  exhausted - for  example,                                                                   
     the  Municipality  of  Anchorage  carried  forward  over                                                                   
     $650,000 in federal adult and  dislocated worker funding                                                                   
     and the  balance of the  state carried approximately  $2                                                                   
     million of  that same type of  federal funds -  and that                                                                   
     STEP  funds may  be displacing  private funding  through                                                                   
     union training  programs. While employment  coordinators                                                                   
     are pleased with the partnership  between the unions and                                                                   
     the  STEP  funds, we  question  whether STEP  funds  are                                                                   
     being used to supplant private union training funds.                                                                       
                                                                                                                                
     The  third   major  exception  was  that  there   was  a                                                                   
     requirement to reimburse the  Department for such things                                                                   
     as tools,  work-related clothing, safety gear  or others                                                                   
     and this was not being actively  enforced. We found that                                                                   
     the  statutory program  elements  that  define the  STEP                                                                   
     program  do not  include a  category called  "employment                                                                   
     assistance."  However, a  lot  of the  funds were  being                                                                   
     spent   under  that   categorization.   We  found   that                                                                   
     administrative  costs exceeded  the maximums defined  in                                                                   
     statute.                                                                                                                   
                                                                                                                                
     In  FY01, the  Federal Employment  Training Program  was                                                                   
     substantially changed,  the old one being JDPA,  the Job                                                                   
     Training Partnership Act. The  new federal program was a                                                                   
     Workforce  Investment Act  and referred  to as WIA.  The                                                                   
     new federal  program is more  inclusive and  more people                                                                   
     are  eligible for  this program.  Additionally, the  new                                                                   
     federal program allows for funding  of industry specific                                                                   
     training and,  therefore, the purpose and need  for STEP                                                                   
     needs to  be reevaluated so  again it's in  the position                                                                   
     where it's the training funds  of last resort - that you                                                                   
     maximize the use of those federal  funds first. We found                                                                   
     that as a  result of the funding mechanism  for STEP and                                                                   
     the Alaska technical vocational  education programs that                                                                   
     the financial  benefits accruing  back into the  UI fund                                                                   
     do not  exceed their  cost. The  difference is borne  by                                                                   
     employers  through  increased  UI taxes.  It  should  be                                                                   
     pointed  out that  while all Alaskans  are eligible  for                                                                   
     the STEP  program, not all  employers will shoulder  the                                                                   
     burden  of  the net  costs  of  the  STEP and  the  ATVE                                                                   
     programs.                                                                                                                  
                                                                                                                                
     We found  that the STEP  program does provide  a direct,                                                                   
     though not precisely measurable,  benefit to the UI fund                                                                   
     through  either reduced  UI benefit  payments or  larger                                                                   
     wage  base. The ATVE  program doesn't  have that  direct                                                                   
     measurable benefit.                                                                                                        
                                                                                                                                
     In our opinion the STEP program  should be reauthorized.                                                                   
     Our recommendation  was for four years. The  new Federal                                                                   
     Employment  Training  Program   addresses  many  of  the                                                                   
     reasons  STEP  was originally  created  and,  therefore,                                                                   
     STEP needs to be realigned to  fill the missing gaps. In                                                                   
     this  report,  we  made  seven  recommendations  to  the                                                                   
     Department and they include:                                                                                               
                                                                                                                                
     -The  need for  additional outreach  to  those that  are                                                                   
     actually eligible for the STEP program.                                                                                    
     -To improve the monitoring of STEP grantees                                                                                
     -That   legislation   that   directs   the   unexpended,                                                                   
     unobligated balance of the STEP  funds to lapse into the                                                                   
     UI fund                                                                                                                    
     -To actively monitor that admin  costs to not exceed 15%                                                                   
     of total STEP expenditures                                                                                                 
     -That UI accounting  costs that are charged  to STEP and                                                                   
     ATVE are done in an equitable and supported manner                                                                         
     -That the  programmatic data  be collected and  reported                                                                   
     in a manner that demonstrates  legal compliance with the                                                                   
     statutes                                                                                                                   
     -And that labor  and staff work together  to ensure that                                                                   
     STEP does  not replace federal, private or  other public                                                                   
     training funds.                                                                                                            
                                                                                                                                
MS. REBECCA  GAMEZ, Deputy Commissioner,  Department of  Labor and                                                              
Workforce Development, said she wanted  to comment after she had a                                                              
chance to read the amendments.                                                                                                  
                                                                                                                                
SENATOR LEMAN asked why they changed the name to ERIC.                                                                          
                                                                                                                                
MS. GAMEZ  replied that  under the  Workforce Investment  Act that                                                              
replaces the  Job Training  Partnership Act  on the federal  level                                                              
the name change - Alaska Workforce  Board - falls in line with the                                                              
local workforce  board name. "It's  kind of a naming  protocol, if                                                              
you will."                                                                                                                      
                                                                                                                                
SENATOR  TORGERSON  stated that  he  wouldn't move  amendment  #1,                                                              
labeled  GS2052\A.2,  because  the  report  said  there  was  some                                                              
concern  about money  going  to the  union  training programs.  He                                                              
didn't have enough  information to do a total ban  on it. They are                                                              
asking for  reports to come back  to the legislature next  year to                                                              
see if they have adjusted.                                                                                                      
                                                                                                                                
SENATOR TORGERSON offered amendment A.4:                                                                                        
                                                      22-GS2052\A.4                                                             
                                                             Craver                                                             
                                                            10/1/02                                                             
                                                                                                                                
                        A M E N D M E N T                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                      BY SENATOR TORGERSON                                                                 
     TO:  SB 252                                                                                                                
Page 1, line 2, following "membership;":                                                                                      
     Insert  "providing  that lapsing  employment  assistance  and                                                            
training program account  funds may be appropriated  to the Alaska                                                            
technical and vocational education program;"                                                                                  
                                                                                                                                
Page 15, following line 9:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 11.   AS 23.15.625 is amended to read:                                                                             
          Sec. 23.15.625.  Employment assistance and training                                                                 
     program  account.   The  employment assistance  and  training                                                            
     program  account is  established in  the general  fund.   The                                                              
     commissioner of  administration shall separately  account for                                                              
     money  collected  under  AS  23.15.630  that  the  department                                                              
     deposits in the  general fund.  The annual  estimated balance                                                              
     in the account may be appropriated  by the legislature to the                                                              
     department  to   implement  AS 23.15.620  -   23.15.660.  The                                                              
     [LEGISLATURE  MAY  APPROPRIATE THE]  lapsing  balance of  the                                                              
     employment  assistance and  training program  account may  be                                                      
     appropriated   to  the   Alaska   technical  and   vocational                                                      
     education  program established  in  AS 23.15.820 -  23.15.850                                                          
     [UNEMPLOYMENT     COMPENSATION     FUND    ESTABLISHED     IN                                                              
     AS 23.20.130]."                                                                                                            
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 28, line 20:                                                                                                               
     Delete "sec. 52"                                                                                                           
     Insert "sec. 53"                                                                                                           
SENATOR DAVIS objected for purposes of explanation.                                                                             
                                                                                                                                
SENATOR TORGERSON explained that  the auditor suggested that there                                                              
are currently  about $2 million left  of unobligated funds  in the                                                              
STEP and,  "We created this  program to  train people, not  to sit                                                              
around in the bank for these guys.  I didn't want it to go back to                                                              
the UI  trust because  we're actually  formally intercepting  this                                                              
money, the one tenth of one percent,  and putting it back in there                                                              
and taking  it out again, so I  would suggest this lapse  into the                                                              
Alaska  Training  and Vocational  Educational  Program,  which  is                                                              
currently in  a grant mode for one  more year and then  it will go                                                              
into a new vocational  education program. He asked  his staff, Ms.                                                              
Mary Jackson, to explain that.                                                                                                  
                                                                                                                                
MS. MARY JACKSON, Staff to Senator  Torgerson, said he was correct                                                              
that  this  would  lapse  directly  into  the  ATVE  program.  The                                                              
Department is  currently promulgating regulations for  the program                                                              
and it should be in place shortly.                                                                                              
                                                                                                                                
CHAIRMAN STEVENS asked  if there were any objections  to amendment                                                              
#2. There were none and it was adopted.                                                                                         
                                                                                                                                
SENATOR TORGERSON moved amendment #3, GS2052\A.4:                                                                               
                                                      22-GS2052\A.4                                                             
                                                             Craver                                                             
                                                            10/1/02                                                             
                                                                                                                                
                        A M E N D M E N T                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                      BY SENATOR TORGERSON                                                                 
     TO:  SB 252                                                                                                                
Page 1, line 2, following "membership;":                                                                                      
     Insert  "providing  that lapsing  employment  assistance  and                                                            
training program account  funds may be appropriated  to the Alaska                                                            
technical and vocational education program;"                                                                                  
                                                                                                                                
Page 15, following line 9:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 11.   AS 23.15.625 is amended to read:                                                                             
          Sec. 23.15.625.  Employment assistance and training                                                                 
     program  account.   The  employment assistance  and  training                                                            
     program  account is  established in  the general  fund.   The                                                              
     commissioner of  administration shall separately  account for                                                              
     money  collected  under  AS  23.15.630  that  the  department                                                              
     deposits in the  general fund.  The annual  estimated balance                                                              
     in the account may be appropriated  by the legislature to the                                                              
     department  to   implement  AS 23.15.620  -   23.15.660.  The                                                              
     [LEGISLATURE  MAY  APPROPRIATE THE]  lapsing  balance of  the                                                              
     employment  assistance and  training program  account may  be                                                      
     appropriated   to  the   Alaska   technical  and   vocational                                                      
     education  program established  in  AS 23.15.820 -  23.15.850                                                          
     [UNEMPLOYMENT     COMPENSATION     FUND    ESTABLISHED     IN                                                              
     AS 23.20.130]."                                                                                                            
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 28, line 20:                                                                                                               
     Delete "sec. 52"                                                                                                           
     Insert "sec. 53"                                                                                                           
                                                                                                                                
Page 28, line 22:                                                                                                               
     Delete "secs. 1 - 45"                                                                                                      
     Insert "secs. 1 - 46"                                                                                                      
                                                                                                                                
Page 29, line 13:                                                                                                               
     Delete "Section 49(a)"                                                                                                     
     Insert "Section 50(a)"                                                                                                     
                                                                                                                                
Page 29, line 14:                                                                                                               
     Delete "sec. 51"                                                                                                           
     Insert "sec. 52"                                                                                                           
MS. JACKSON  explained  that the  intent of this  amendment  is to                                                              
rectify the  problem that was  identified by the  audit concerning                                                              
the  15% limitation  on  administrative  expenses.  There are  two                                                              
conflicting statutes and this clarified  the intent, which is that                                                              
it be 15% of program expenses.                                                                                                  
                                                                                                                                
CHAIRMAN STEVENS asked if there were any objections to amendment                                                                
#3. There were none and it was adopted.                                                                                         
                                                                                                                                
SENATOR TORGERSON moved amendment #4, GS2052\A.3:                                                                               
                                                                                                                                
                                                      22-GS2052\A.3                                                             
                                                             Craver                                                             
                                                            10/1/02                                                             
                                                                                                                                
                        A M E N D M E N T                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                      BY SENATOR TORGERSON                                                                 
     TO:  SB 252                                                                                                                
                                                                                                                                
Page 1, line 2, following "membership;":                                                                                      
     Insert "relating to repayment on promissory notes for work-                                                              
related items paid for by grant programs;"                                                                                    
                                                                                                                                
Page 15, following line 9:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 11.   AS 23.15.640(c) is amended to read:                                                                          
          (c)  The department shall [, TO THE EXTENT ECONOMICALLY                                                               
     FEASIBLE  FOR  THE  INDIVIDUAL,] require  an  individual  who                                                              
     participated in  a program that  was funded at least  in part                                                              
     by a grant under AS 23.15.651  and that included as a program                                                              
     element  the  provision  of   necessary  tools,  work-related                                                              
     clothing,  safety gear,  or  other necessities  to obtain  or                                                              
     retain employment  under (a)(6) of this section  to reimburse                                                              
     the department  for the portion  of the grant that  was spent                                                              
     on an  element listed in (a)(6)  of this section.   Repayment                                                          
     shall  begin no later  than six  months after the  individual                                                          
     completes  or  leaves  the   state  training  and  employment                                                          
     program  and may not  be less than  $25 each calendar  month.                                                          
     The department  shall separately  account for receipts  under                                                              
     this subsection.   The annual estimated receipts  may be used                                                              
     by the legislature  to make appropriations  to the department                                                              
     to  the employment  assistance and  training program  account                                                              
     (AS 23.15.625)   for   grants   under  AS 23.15.651.      The                                                          
     department   shall   institute   collection   procedures   on                                                          
     outstanding  promissory  notes  for amounts  due  under  this                                                          
     subsection.   Collection procedures must include  obtaining a                                                          
     judgment for  default on a  promissory note.   The department                                                          
     shall seek satisfaction of the  judgment from an individual's                                                          
     permanent  fund   dividend  to  the  extent   possible  under                                                          
     AS 43.23.065  until the  judgment  has been  satisfied.   The                                                          
     department shall implement this subsection by regulation."                                                               
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 28, line 20:                                                                                                               
     Delete "sec. 52"                                                                                                           
     Insert "sec. 53"                                                                                                           
                                                                                                                                
Page 28, line 22:                                                                                                               
     Delete "secs. 1 - 45"                                                                                                      
     Insert "secs. 1 - 46"                                                                                                      
                                                                                                                                
Page 29, line 13:                                                                                                               
     Delete "Section 49(a)"                                                                                                     
     Insert "Section 50(a)"                                                                                                     
                                                                                                                                
Page 29, line 14:                                                                                                               
     Delete "sec. 51"                                                                                                           
     Insert "sec. 52"                                                                                                           
                                                                                                                                
MS. JACKSON  explained that this  was also identified as  an issue                                                              
in the audit. The program provides  for the STEP monies to be used                                                              
for  individuals to  purchase tools,  for example.  It has  always                                                              
been  if you  purchase  these  tools and  you  get  a job,  you're                                                              
supposed to  reimburse the program.  The audit found there  was no                                                              
mechanism  in  place to  make  that  take effect.  This  amendment                                                              
specifies procedures for that reimbursement to be accommodated.                                                                 
                                                                                                                                
SENATOR  AUSTERMAN asked  how much  that would  offset the  actual                                                              
money.                                                                                                                          
                                                                                                                                
SENATOR TORGERSON  said he understands that they  hadn't collected                                                              
any yet.  He said there  could be a  cost for collections;  he was                                                              
sure it would take another employee.                                                                                            
                                                                                                                                
CHAIRMAN STEVEN  asked if anyone  objected to amendment  #4. There                                                              
were none and amendment #4 was adopted.                                                                                         
                                                                                                                                
MS. EDEN  LARSON said  the issue  that concerns  the builders  and                                                              
contractors is the  funding of the union training  programs to the                                                              
exclusion of open shop construction train programs.                                                                             
                                                                                                                                
SENATOR   TORGERSON  responded   that  he   doesn't  have   enough                                                              
information to act on that and it's a concern of the auditors.                                                                  
                                                                                                                                
MS. LARSON  said in the interim  the language that's  currently in                                                              
this bill  prohibits people  training in  the construction  trades                                                              
that are  non-union from applying  for grants under the  STEP. For                                                              
another year they would be concerned about that.                                                                                
                                                                                                                                
CHAIRMAN  STEVENS   said  the  intent  today  was   to  adopt  the                                                              
amendments and circulate the new  CS and then bring it up again at                                                              
a later date.                                                                                                                   
                                                                                                                                
MS. LARSON  said she would save  her comments until she  could see                                                              
the CS.                                                                                                                         
                                                                                                                                
SENATOR TORGERSON moved amendment #5, GS2052\A.6:                                                                               
                                                      22-GS2052\A.6                                                             
                                                             Craver                                                             
                                                            10/1/02                                                             
                                                                                                                                
                        A M E N D M E N T                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                      BY SENATOR TORGERSON                                                                 
     TO:  SB 252                                                                                                                
                                                                                                                                
Page 1, line 2:                                                                                                                 
     Delete "repealing"                                                                                                       
     Insert "extending"                                                                                                       
                                                                                                                                
Page 27, lines 24 and 25:                                                                                                       
     Delete all material and insert:                                                                                            
   "* Sec. 46.  The uncodified law  of the State of Alaska enacted                                                          
in sec. 6,  ch. 116, SLA 1996,  as amended by sec. 9,  ch. 85, SLA                                                              
1998, is amended to read:                                                                                                       
          Sec. 6.  AS 23.16.620, 23.15.625, 23.15.630, 23.15.635,                                                               
     23.15.640, 23.15.645, 23.15.651, and 23.15.660 are repealed                                                                
     June 30, 2003 [2002]."                                                                                                 
                                                                                                                                
Page 29, following line 12:                                                                                                     
     Insert new bill sections to read:                                                                                          
   "*  Sec. 51.   The uncodified  law  of the State  of Alaska  is                                                          
amended by adding a new section to read:                                                                                        
     RETROACTIVITY OF SEC. 46.  If sec. 46 of this Act takes                                                                    
effect after June 29, 2002, sec.  46 of this Act is retroactive to                                                              
June 29, 2002.                                                                                                                  
    *  Sec. 52.   Section  46 of  this Act  takes effect  June 29,                                                            
2002."                                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 29, line 14:                                                                                                               
     Delete "sec. 51"                                                                                                           
     Insert "secs. 52 and 53"                                                                                                   
                                                                                                                                
He explained that  this repeals the sunset clause  and puts a one-                                                              
year extension in. He added that  the next amendment is requesting                                                              
all the  reports to  come back, which  is how  they are  trying to                                                              
handle  the auditor's  issue  so it  didn't  have to  drag on  for                                                              
years.                                                                                                                          
                                                                                                                                
CHAIRMAN STEVENS  asked if there  were any objections  to adopting                                                              
amendment #5. There were no objections and it was adopted.                                                                      
                                                                                                                                
CHAIRMAN TORGERSON moved amendment #6, GS2052\A.7:                                                                              
                                                      22-GS2052\A.7                                                             
                                                             Craver                                                             
                                                            10/1/02                                                             
                                                                                                                                
                        A M E N D M E N T                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                      BY SENATOR TORGERSON                                                                 
     TO:  SB 252                                                                                                                
Page 27, following line 25:                                                                                                     
     Insert a new bill section to read:                                                                                         
   "*  Sec. 47.   The uncodified  law  of the State  of Alaska  is                                                            
amended by adding a new section to read:                                                                                        
     REPORT TO THE LEGISLATURE.  The Department of Labor and                                                                    
Workforce  Development  shall  present  a written  report  to  the                                                              
legislature on the state training  and resources program within 10                                                              
days of the beginning of the First  Regular Session of the Twenty-                                                              
Third Alaska State Legislature.  The report must include                                                                        
          (1)  an outreach plan for the state training and                                                                      
resources program;                                                                                                              
          (2)  a certification verification plan;                                                                               
          (3)  the department's recommendations on allowable                                                                    
nonadministrative costs for program expenses;                                                                                   
          (4)  a data collection and reporting plan;                                                                            
          (5)  the status of the governor's discretionary fund                                                                  
for statewide  activities established  as part of the  1999 Alaska                                                              
Human Resource Investment Council action plan;                                                                                  
          (6)  facts supporting the need for the state training                                                                 
and resources program;                                                                                                          
          (7)  the department's recommendations on including                                                                    
reimbursable  employers  in  the   state  training  and  resources                                                              
program,   and  excluding   current   and   former  employees   of                                                              
reimbursable employers from the program; and                                                                                    
          (8)  an analysis of the reasons for decreased public                                                                  
training institution funding in relation  to the increase in union                                                              
training program funding."                                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 28, line 20:                                                                                                               
     Delete "sec. 52"                                                                                                           
     Insert "sec. 53"                                                                                                           
                                                                                                                                
Page 29, line 13:                                                                                                               
     Delete "Section 49(a)"                                                                                                     
     Insert "Section 50(a)"                                                                                                     
                                                                                                                                
Page 29, line 14:                                                                                                               
     Delete "sec. 51"                                                                                                           
     Insert "sec. 52"                                                                                                           
                                                                                                                                
He explained  that this  is the laundry  list of things  that came                                                              
out of the audit report and says  that we want to have a report 10                                                              
days after the  beginning of the first session of  the 23rd Alaska                                                              
Legislature and  the report  must include all  of this.  He didn't                                                              
have a report ready to address the  union concern with the private                                                              
money and this is where he anticipated inserting that language.                                                                 
                                                                                                                                
MS. JACKSON pointed out a technical  amendment on lines 16 and 18.                                                              
It  should not  say "training  and resources",  but "training  and                                                              
employment".                                                                                                                    
                                                                                                                                
SENATOR TORGERSON  moved an amendment  to the amendment  to delete                                                              
"resources"  on lines  16 and  18 and  insert "employment".  There                                                              
were no objections and it was adopted.                                                                                          
                                                                                                                                
CHAIRMAN STEVENS  asked if there  were any objections  to adopting                                                              
amendment  #6 amended.  There were  no  objections and  it was  so                                                              
ordered.                                                                                                                        
                                                                                                                                
SENATOR TORGERSON moved amendment #7, GS2052\A.1:                                                                               
                                                      22-GS2052\A.1                                                             
                                                             Craver                                                             
                                                            10/1/02                                                             
                        A M E N D M E N T                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                      BY SENATOR TORGERSON                                                                 
     TO:  SB 252                                                                                                                
                                                                                                                                
Page 3, lines 30 - 31:                                                                                                          
     Delete "The commissioner of administration is a nonvoting                                                              
member of the board."                                                                                                       
                                                                                                                                
Page 4, lines 2 - 3:                                                                                                            
     Delete ", and the commissioner of administration under (b)                                                             
of this section"                                                                                                            
                                                                                                                                
Page 4, lines 9 - 10:                                                                                                           
     Delete "and the commissioner of administration under                                                                   
AS 23.15.550(b)"                                                                                                            
                                                                                                                                
Page 5, line 4:                                                                                                                 
     Delete " or (b),"                                                                                                      
                                                                                                                                
SENATOR  TORGERSON  said he  has  had  many discussions  with  Mr.                                                              
Andrews about  the size  of this  group. "It's  a herd of  turtles                                                              
that they're  so damn  big that  they can't  get anything  done. I                                                              
don't want to add to that."                                                                                                     
                                                                                                                                
He  didn't  see  any  advantage  to  having  the  commissioner  of                                                              
Administration as another part of this.                                                                                         
                                                                                                                                
CHAIRMAN STEVENS asked if there were  any commissioners on it now.                                                              
                                                                                                                                
SENATOR TORGERSON replied that there  are, the Commissioner of the                                                              
Department  of  Labor and  Department  of Community  and  Economic                                                              
Development.                                                                                                                    
                                                                                                                                
CHAIRMAN STEVENS asked  if there were any objections  to amendment                                                              
#7. There were none and it was adopted.                                                                                         
                                                                                                                                
SENATOR TORGERSON moved amendment #8, GS2052\A.8:                                                                               
                                                      22-GS2052\A.8                                                             
                                                             Craver                                                             
                                                            10/1/02                                                             
                                                                                                                                
                                                                                                                                
                        A M E N D M E N T                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                      BY SENATOR TORGERSON                                                                 
     TO:  SB 252                                                                                                                
                                                                                                                                
Page 5, lines 16 - 17:                                                                                                          
     Delete "[NOT MORE THAN THREE TIMES IN A CALENDAR YEAR]"                                                                    
     Insert "not more than three times in a calendar year"                                                                      
                                                                                                                                
He explained  that the  Governor's bill  took out the  requirement                                                              
that they couldn't meet more than  three times a year and although                                                              
he wanted  to limit it  to two, he  thought they could  just leave                                                              
the language that's already in statute - three times per year.                                                                  
                                                                                                                                
CHAIRMAN STEVENS asked  if there were any objections  to amendment                                                              
#8. There were none and it was adopted.  He asked Ms. Gamez if she                                                              
had enough time  to read the amendments and she  indicated she was                                                              
ready to testify now.                                                                                                           
                                                                                                                                
MS.  GAMEZ said  it was  helpful to  delay her  testimony for  the                                                              
amendments. She  was surprised that  a few of the  amendments went                                                              
against the recommendations they both agreed on.                                                                                
                                                                                                                                
     On amendment #2, recognizing  that amendment #1 has some                                                                   
     work that Senator Torgerson  would like to take care of,                                                                   
     both  the legislative  audit report  and the  Department                                                                   
     concurred that the lapsed money  should go back into the                                                                   
     UI trust  funds. I think  that that is more  appropriate                                                                   
     for  the lapsing.  There have  been  some problems  with                                                                   
     expenditures  of   STEP  monies.  Part  of   it  was  an                                                                   
     appropriations  problem and part  of it was with  one of                                                                   
     the local workforce boards in  terms of expending funds.                                                                   
     So that has been a challenge.                                                                                              
                                                                                                                                
     On  amendment #3,  we, too,  would like  to clarify  the                                                                   
     15%. I did have an opportunity  to talk with Ms. Jackson                                                                   
     about this  and if the  language said Program  Awards as                                                                   
     opposed  to expenses,  we would  be in  the position  of                                                                   
     defining   what   is   programmatic   and   what   isn't                                                                   
     programmatic  expenses. For  example, on something  that                                                                   
     the  audit  counted  as an  administrative  cost  it  is                                                                   
     necessary for  us to have a  STEP program in  this state                                                                   
     and I would argue that that  would be programmatic cost.                                                                   
     Because  without that  function in  the data  collection                                                                   
     piece,  we wouldn't  be able  to  have a  program. So  I                                                                   
     would argue  that that's  not administrative, that  that                                                                   
     would be a  programmatic, but I think we  could probably                                                                   
     work those differences out now  that we're hammering out                                                                   
     the disagreement in those two statutes.                                                                                    
                                                                                                                                
MS. GAMEZ  said if  there were  a three-year  funding period  that                                                              
would be in  line with the federal  WIA funds, it would  be easier                                                              
for them to agree with this.                                                                                                    
                                                                                                                                
     Business  statistics  show  that  there  are  a  certain                                                                   
     amount  of administrative  costs  regardless of  program                                                                   
     expenditures  to  a certain  degree.  Some  of the  sub-                                                                   
     grantee  adjustments affect  expenditures and those  can                                                                   
     occur  after the  year-end.  So, the  accurate  year-end                                                                   
     expenditures  aren't always known  until the process  is                                                                   
     completed.                                                                                                                 
                                                                                                                                
     Moving  to   amendment  #4  that  was  adopted   on  the                                                                   
     repayment of promissory notes,  the point was brought up                                                                   
     by one of  the committee members here that  there may be                                                                   
     costs  to the  department to  collect  those funds.  The                                                                   
     STEP  program is  not a  loan program.  We do,  however,                                                                   
     have  signed  promissory  notes   for  people  who  have                                                                   
     received monies  for tools or boots or other  items that                                                                   
     they  may  need.  Collections  will  also  represent  an                                                                   
     increased  cost to  the department  for record  keeping,                                                                   
     tracking and accounting.                                                                                                   
                                                                                                                              
TAPE 02-23, SIDE B                                                                                                            
                                                                                                                                
MS. GAMEZ said that amendment #5 caused them concern because                                                                    
it's very difficult to think ahead if you have such a short                                                                     
period of time in which to make changes.                                                                                        
                                                                                                                                
On amendment  #6 she was  glad that Ms.  Jackson caught  the typo,                                                              
because they would have to start  calling it the STREP program and                                                              
it would truly be unpopular with certain folks at the table.                                                                    
                                                                                                                                
     We are working  on an outreach plan and I  would like to                                                                   
     make   the  comment   that  we   have  a   certification                                                                   
     verification plan  for classroom training only  and that                                                                   
     is a  recommendation that  we have.  When I was  reading                                                                   
     over  Ms. Jackson's  overview  to Senator  Torgerson,  I                                                                   
     think there was a typo and I  would like the opportunity                                                                   
     to talk  with Ms. Jackson  after the hearing  because we                                                                   
     already  insure that there's  authorization of  training                                                                   
     ACPE and  the department  will require certification  of                                                                   
     all classroom training…                                                                                                    
                                                                                                                                
She said it would  be helpful to see a comprehensive  package with                                                              
the  CS  and hoped  she  would  be invited  to  staff  discussions                                                              
regarding the department's concerns before a CS is adopted.                                                                     
                                                                                                                                
SENATOR  AUSTERMAN  asked  her  if  she  had  concerns  about  the                                                              
amendments, why didn't she speak up before they were adopted.                                                                   
                                                                                                                                
MS.  GAMEZ said  she  didn't  realize she  was  in  a position  to                                                              
disagree with the amendments until they were on the table.                                                                      
                                                                                                                                
SENATOR TORGERSON said  he wouldn't deviate a whole  lot from what                                                              
they have,  but he wants  to make it  work. He wouldn't  have gone                                                              
with the sunset if it weren't for the reporting requirements.                                                                   
                                                                                                                                
CHAIRMAN STEVENS  said he  had a  concern on page  47, which  is a                                                              
summary of  the type of vendors  or clients served, and  asked her                                                              
for a short definition of the six categories.                                                                                   
                                                                                                                                
MS. GAMEZ said she  would like to invite Mike Shiffer  who is more                                                              
technically versed in those things.                                                                                             
                                                                                                                                
MR.  MIKE  SHIFFER,  Program  Coordinator,   Workforce  Investment                                                              
Office, responded that examples of  a private training institution                                                              
would  be  a  charter  college;  the  unions  would  be  like  the                                                              
operating engineers  who run a  training program.  Public training                                                              
institutions would be things like  the Alaska Vocational Technical                                                              
School in Seward; Native organizations  would be training programs                                                              
such as the one run out of the Bristol  Bay Native Association. He                                                              
was drawing  a blank  on "other" kinds  of training programs,  but                                                              
client reimbursements  would be expenses paid directly  back to an                                                              
institute directly on behalf of a participant.                                                                                  
                                                                                                                                
CHAIRMAN  STEVENS  said  he  was  confused  about  the  difference                                                              
between  a private  training  institution  and a  public  training                                                              
institution.                                                                                                                    
                                                                                                                                
MR. SHIFFER explained that a public  training institution would be                                                              
things  that   the  legislature   appropriates  directly   to  the                                                              
University of Alaska and the Alaska Vocational Technical Center.                                                                
                                                                                                                                
CHAIRMAN STEVENS asked  what the process was for  the distribution                                                              
of the money on an annual basis.                                                                                                
                                                                                                                                
MR. SHIFFER replied  that in general the funds  are distributed in                                                              
two methods.  The first  is through  direct client  services  - an                                                              
individual comes  in and  is identified for  services and  goes to                                                              
school - and  the other option is through grant  funds. Grants are                                                              
announced  and let  out  and training  providers  compete for  the                                                              
funds and provide training programs.                                                                                            
                                                                                                                                
CHAIRMAN STEVENS said he was concerned  with the number of clients                                                              
served  and asked why  the numbers  have changed  from public  and                                                              
private losses to  gains with the unions. He asked  if the funding                                                              
mechanism  inserting the  money into  the program  has changed  in                                                              
correspondence with  the change to  the number of people  that are                                                              
receiving the benefit.                                                                                                          
                                                                                                                                
MR. SHIFFER  replied no.  They rely  on information received  from                                                              
research and  analysis and there is  a great deal of  effort being                                                              
focused on the  areas of construction, the trades  and things like                                                              
that. They  target the  funds towards those  areas where  they see                                                              
the  most opportunity  for creating  employment opportunities  for                                                              
folks. Currently,  those tend to rest with training  programs that                                                              
happen to parallel with union type training programs.                                                                           
                                                                                                                                
SENATOR TORGERSON  asked what  the fund balance  was right  now of                                                              
the STEP program.                                                                                                               
                                                                                                                                
MR. SHIFFER replied that he didn't know that right now.                                                                         
                                                                                                                                
SENATOR TORGERSON  asked if  he told him  it was over  $2 million,                                                              
could he tell him why.                                                                                                          
                                                                                                                                
MR. SHIFFER replied that a number of things contribute to that.                                                                 
                                                                                                                                
     First of  all, when  the appropriations were  occurring,                                                                   
     Ms. Gamez  referred to that  at one point where  we were                                                                   
     sort  of chasing  our  tails. Each  appropriation  would                                                                   
     occur and  the amount that  was available from  the fund                                                                   
     would exceed  the appropriation and so we  saw ourselves                                                                   
     chasing after  money that was increasing faster  than we                                                                   
     were using it.                                                                                                             
                                                                                                                                
     Another issue is that there  has been several changes in                                                                   
     terms of how  services were delivered and  that resulted                                                                   
     in one  of the  local areas not  expending the funds  as                                                                   
     greatly as  they had done in  the past. And  other funds                                                                   
     came  into the  state that  were unexpected  and in  the                                                                   
     form of an unusually large award  for dislocated workers                                                                   
     and   for  funds   that   related  to   foreign   worker                                                                   
     certification.  Those large  amount of  funds that  came                                                                   
     into  the program  have  served people  who  potentially                                                                   
     could have been eligible for services here.                                                                                
                                                                                                                                
SENATOR  TORGESON asked  what  they  were going  to  do with  that                                                              
money.                                                                                                                          
                                                                                                                                
     It upsets  me that it's not  out in the street  and that                                                                   
     we're not training people. We  went in there a couple of                                                                   
     years ago and  took $4 million out of there.  Now you've                                                                   
     got $2  million again.  If you're not  going to  use the                                                                   
     damn money,  let's do away with  the program. Put  it in                                                                   
     the ATV program. That's where I'm coming from on this…                                                                     
                                                                                                                                
MR.  SHIFFER replied  that  they have  an  opportunity to  utilize                                                              
those funds by  looking at the way they're distributing  the funds                                                              
by focusing on the opportunities  for spending the STEP funds as a                                                              
last resort.  "We'd be happy  to work  with you on  clarifying how                                                              
that goes."                                                                                                                     
                                                                                                                                
SENATOR  TORGERSON replied,  "Don't work  with me.  Work with  the                                                              
University…or  work with others  out there  who are wondering  why                                                              
they can't get into this pot of money."                                                                                         
                                                                                                                                
SENATOR AUSTERMAN said he wanted  to see a good description of how                                                              
the grant  program works -  who sets it up,  etc. - that  might be                                                              
helpful in  figuring out exactly  why there are  institutions that                                                              
want to train people, but can't get the funds.                                                                                  
                                                                                                                                
MR. SHIFFER said he would be happy to provide that information.                                                                 
                                                                                                                                
MR. MIKE ANDREWS, Alaska Works Partnership,  Inc., said they are a                                                              
statewide construction job training  organization that's formed in                                                              
partnership with  Alaska's construction trade unions  and sponsors                                                              
a statewide  apprenticeship program that  is not a  union program.                                                              
They have a lot of experience across  the board with some of these                                                              
issues.  He thanked  Senator  Torgerson  for withdrawing  the  one                                                              
amendment  until more  information came  forward in  terms of  why                                                              
there  is a  discrepancy  between  union  and non  union  training                                                              
programs. He  thought they could  give them some  reasoning behind                                                              
that.                                                                                                                           
                                                                                                                                
MR.  ANDREWS supported  continuing the  STEP program  and said  he                                                              
used to work  as director of the Alaska Human  Resource Investment                                                              
Council  and worked  very  closely with  the  Senate Majority  and                                                              
Senator Torgerson on  a lot of these issues of how  to make a very                                                              
hard-to-understand  workforce development  system  in this  state,                                                              
particularly  that  is  mostly federally  funded,  work  well  for                                                              
Alaskans. "How  do we  align job training  with the University  of                                                              
Alaska, with  AVTEC, with  Alaska Technical  Center and  also with                                                              
private sector training that occurs in the state."                                                                              
                                                                                                                                
With this kind  of background, Mr. Andrews said he  thought he had                                                              
some things  he could add and he  would like to come  back and add                                                              
them. One of the problems that needs  to be looked at is that STEP                                                              
has been  a pilot program  for 10  years. It's reauthorized  every                                                              
two  years and  in 1997,  when  they did  the  major reform,  they                                                              
aligned  STEP performance  with the Job  Training Partnership  Act                                                              
and other performance measures that  the majority wanted to see in                                                              
their performance based budgeting.  Now there's quite an extensive                                                              
performance report  on all  these programs. They  can look  at the                                                              
performance of STEP, which is a high  performing program, in terms                                                              
of short-term less-expensive training  that put people to work and                                                              
keeps them employed.                                                                                                            
                                                                                                                                
One  of the  problems they  have reached  with reauthorization  is                                                              
that STEP has always had a two-year timeline.                                                                                   
                                                                                                                                
     Federal programs allow two or  more years for a rollover                                                                   
     for the  ability to  monitor and  spend funds. STEP  has                                                                   
     always fought  this battle  of getting reauthorized  and                                                                   
     then  trying to  basically lurch  out there  again as  a                                                                   
     pilot,  be a low  priority on  someone's table,  because                                                                   
     it's  a pilot  and  try to  function  as  well. We  have                                                                   
     worked  hard, the  state,  the legislature,  and  people                                                                   
     involved  to cap  administrative  cost,  to bring  those                                                                   
     costs  down from  20% to  15% and  to really  understand                                                                   
     what  line items  go into a  program and  what would  go                                                                   
     into actual admin. I would say  just in general that's a                                                                   
     good  move to  cap  that, but  that  does  also make  it                                                                   
     harder  for some of  the public  institutions that  have                                                                   
     indirect  cost fees  that have  administrative fees  set                                                                   
     who can't  reach that  barrier. They cannot  necessarily                                                                   
     apply for training  because of that cap.  I'm not saying                                                                   
     remove that cap, but that may  be one of the reasons why                                                                   
     we're  seeing  more of  the  grants  go out  to  private                                                                   
     sector   training  vendors.   For  example,  the   union                                                                   
     apprenticeship  training  programs  are  private  sector                                                                   
     programs  funded by  labor and management  and they  are                                                                   
     one of the programs that has  received more recently. To                                                                   
     compete  for that  on the  open  market, announce  bids,                                                                   
     etc. One of the reasons I think  is the actual nature of                                                                   
     STEP  being reauthorized  on a two-year  basis and  then                                                                   
     between that,  there's all kinds  of things added  on in                                                                   
     terms  of performance  and  measuring  and other  things                                                                   
     that  people want to  see done  that add  a cost to  the                                                                   
     system. I think  what we really need to focus  in on is,                                                                   
     are  we putting  Alaskans  to  work? Are  we  increasing                                                                   
     Alaska hire as  a result of STEP? Are they  getting more                                                                   
     income  in  their  pockets  and  are  they  paying  less                                                                   
     unemployment with this? Let's  all work together so that                                                                   
     we can have the best workforce in Alaska….                                                                                 
                                                                                                                                
CHAIRMAN STEVENS thanked him for his testimony and adjourned the                                                                
meeting at 3:30 pm.                                                                                                             

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