Legislature(2005 - 2006)CAPITOL 106

02/13/2006 06:00 PM House ECONOMIC DEV., TRADE, AND TOURISM


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06:05:12 PM Start
06:05:35 PM HB389
06:14:56 PM HB416
06:40:47 PM Testimony on Proposed Committee Resolution - Alaska Association of Future Farmers of America
06:54:08 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
*+ HB 389 REGULATION OF TOURIST ACCOMODATIONS TELECONFERENCED
Moved Out of Committee
*+ HB 416 BUSINESS LICENSE FEE TELECONFERENCED
Moved CSHB 416(EDT) Out of Committee
HB 416-BUSINESS LICENSE FEE                                                                                                   
                                                                                                                                
6:14:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR NEUMAN announced  that the next order  of business would                                                               
be HOUSE  BILL NO.  416, "An  Act relating to  the amount  of the                                                               
state business license fee."                                                                                                    
                                                                                                                                
6:15:10 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff to  Representative  Jay  Ramras, Alaska  State                                                               
Legislature, explained  that HB  416 will [repeal]  the [increase                                                               
in the  business license fee] made  by [House Bill 162]  in 2003,                                                               
which  was at  a  time when  [the State  of  Alaska] was  seeking                                                               
additional sources of  revenue due to low oil prices.   He opined                                                               
that [HB 416]  sends a message that Alaska is  open for business,                                                               
especially  for  small  business.   He  further  opined  that  by                                                               
reducing [the State  of Alaska's] business license  fee from $100                                                               
back to  $25 per year,  Alaskans will  be more willing  to pursue                                                               
business ideas.                                                                                                                 
                                                                                                                                
6:15:41 PM                                                                                                                    
                                                                                                                                
MR.  POUND remarked  that HB  416  removes the  burden placed  on                                                               
small business by the [State of  Alaska].  With [the cost of] oil                                                               
currently at  an all-time high and  not expected to ever  drop to                                                               
record lows  and with  natural gas  "on the  horizon," HB  416 is                                                               
good  for  the  Alaska  economy   by  supporting  "Mom  and  Pop"                                                               
businesses in Alaska.                                                                                                           
                                                                                                                                
CO-CHAIR  NEUMAN commented  that as  a small  business owner,  he                                                               
appreciates  the intent  of [HB  416].   He opined  that reducing                                                               
[the business license fee] would  encourage more people to obtain                                                               
a business license.                                                                                                             
                                                                                                                                
6:16:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  RAMRAS  noted  that the  accompanying  fiscal  note  is                                                               
significant - $4.25  million per year.  He further  noted that 90                                                               
percent  of Alaska's  revenue  is a  result of  the  oil and  gas                                                               
industry and that one of  the primary reasons Alaska doesn't have                                                               
a sales  tax is  because it's  still growing.   He  remarked that                                                               
some  Alaskans maintain  multiple  businesses  and [the  business                                                               
license fee  of $100 per  year] hinders non oil-  and gas-related                                                               
growth in [Alaska's] economy.                                                                                                   
                                                                                                                                
6:19:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  [to  adopt] CSHB  416,  Version  24-                                                               
LS1555\F,  Bannister, 2/10/06,  as the  working document.   There                                                               
being no objection, Version F was before the committee.                                                                         
                                                                                                                                
6:19:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  recalled his opposition  to [increasing]                                                               
the  business tax  [in 2003].   He  said, "I  thought it  was the                                                               
wrong idea at the  time and I think it's a  good thing that we're                                                               
repealing it today."                                                                                                            
                                                                                                                                
REPRESENTATIVE LYNN  commented that [a  bill is a good]  when the                                                               
government can  lower taxes.   He added  that [CSHB 416]  sends a                                                               
good  message  that  when  a   tax  is  no  longer  needed,  [the                                                               
legislature] will reduce it.                                                                                                    
                                                                                                                                
6:20:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BILL  STOLTZE, Alaska State  Legislature, informed                                                               
the  committee  that he  voted  for  the [business  license  fee]                                                               
increase in [2003].   He commented that due  to the circumstances                                                               
with which  [the legislature] was  faced at  that time, it  was a                                                               
"close call" whether  it was the right thing to  do.  [House Bill                                                               
162] was a  revenue measure to fill a significant  gap.  He added                                                               
that [the business license fee]  effects commerce and business in                                                               
Alaska.                                                                                                                         
                                                                                                                                
6:23:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR RAMRAS  remarked that he  hadn't been able  to determine                                                               
how many business licenses have been sold in Alaska.                                                                            
                                                                                                                                
REPRESENTATIVE STOLTZE  relayed that dealing with  the Department                                                               
of  Revenue (DOR)  has been  a frustrating  [process].   He added                                                               
that for  something that was  a significant state  policy enacted                                                               
just three  years ago,  it should be  very clearly  delineated in                                                               
the revenue sourcebooks.                                                                                                        
                                                                                                                                
REPRESENTATIVE  COGHILL inquired  as to  whether 74,000  business                                                               
licenses is as  close as Representative Stoltze has  been able to                                                               
[approximate].                                                                                                                  
                                                                                                                                
REPRESENTATIVE   STOLTZE   responded   that  there's   no   clear                                                               
delineation in the revenue sourcebooks.                                                                                         
                                                                                                                                
6:26:32 PM                                                                                                                    
                                                                                                                                
RICK  URION,   Director,  Division  of   Occupational  Licensing,                                                               
Department  of   Commerce,  Community,  &   Economic  Development                                                               
(DCCED0,  assured the  committee  that the  division  is able  to                                                               
inform the  committee as  to the number  of business  licenses it                                                               
has sold this year, last year, and every year.                                                                                  
                                                                                                                                
6:27:26 PM                                                                                                                    
                                                                                                                                
MR.  URION informed  the committee  that [CSHB  416] is  going to                                                               
cost  money.    With  the  Murkowski  Administration,  DCCED  was                                                               
charged  with trying  to generate  more  revenue to  pay for  the                                                               
services  it  provides.    The  DCCED has  very  few  sources  of                                                               
revenue, although  one of them is  the business license fee.   He                                                               
explained that  [the business  license fee]  is a tax  - it  is a                                                               
source  of revenue.   [The  business license  fee] was  increased                                                               
from $25 to $100  per year.  It was the first  and only time [the                                                               
business license  fee] has been  increased since 1949,  "when the                                                               
license law  went on the books."   He noted that  there has never                                                               
been a  person in the  history of  the state or  territory that's                                                               
been fined for not having a business license.                                                                                   
                                                                                                                                
6:28:28 PM                                                                                                                    
                                                                                                                                
MR. URION,  in response  to Co-Chair  Ramras, clarified  that the                                                               
business license fee was increased by  400 percent [in 2003].  He                                                               
informed  the  committee  that [with  the  business  license  fee                                                               
increase],  the number  of business  licenses [sold]  essentially                                                               
remained the same.   He added that if [the  business license fee]                                                               
is  decreased to  $25, the   Division  of Occupational  Licensing                                                               
will not  be effected.  The  biggest recipient of the  funds from                                                               
[the  business  license  fee]  is   the  Alaska  Travel  Industry                                                               
Association  (ATIA),   which  receives   $2.5  million.     Other                                                               
recipients  include:   the Office  of  Economic Development,  the                                                               
Division  of Community  Advocacy,  the  Division of  Occupational                                                               
Licensing, legislative  grants, the  Office of the  Governor, and                                                               
the Tax Division within the DOR.                                                                                                
                                                                                                                                
6:30:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  inquired  as  to  the  point  of  having  a                                                               
[business] license if a noncompliance fine is never collected.                                                                  
                                                                                                                                
MR. URION  explained that the Division  of Occupational Licensing                                                               
doesn't want to punish those  who aren't in compliance, but would                                                               
rather  have them  be  in  compliance.   In  further response  to                                                               
Representative Lynn, he informed  the committee that the division                                                               
doesn't  have  the  means  to  "go after"  those  who  aren't  in                                                               
compliance.  Therefore, he asked  the legislature to change that.                                                               
The fine for  noncompliance is $2,000.  If  [the business license                                                               
fee  is decreased]  to $25,  he asked  that the  legislature make                                                               
[not having  a business license]  a misdemeanor.  He  opined that                                                               
if  the division  was  able to  collect  a [noncompliance]  fine,                                                               
[business license fees] would be a lot easier to enforce.                                                                       
                                                                                                                                
6:31:56 PM                                                                                                                    
                                                                                                                                
MR. URION added that another  thing the legislature would be able                                                               
to do  if it decided not  to [decrease the business  license fee]                                                               
to $25,  is allow [Alaskans]  with multiple lines of  business to                                                               
[conduct  business with]  one business  license.   Currently, the                                                               
law  reads that  the Division  of Occupational  Licensing has  to                                                               
sell business licenses for every line of business.                                                                              
                                                                                                                                
6:32:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR RAMRAS  referred to  Section 1,  lines 5-7,  which read:                                                               
"If  a  person knowingly  engages  in  a  business in  the  state                                                               
without  having  a  current  license issued  under  (a)  of  this                                                               
section, the person  is guilty of an infraction and  may be fined                                                               
up  to  $50."    He  asked,  "Is  that  severe  enough,  in  your                                                               
estimation?"                                                                                                                    
                                                                                                                                
MR. URION replied yes.                                                                                                          
                                                                                                                                
CO-CHAIR RAMRAS  related his understanding  that Mr.  Urion would                                                               
recommend that  a member make  a conceptual amendment  to further                                                               
consolidate business licenses.                                                                                                  
                                                                                                                                
6:33:26 PM                                                                                                                    
                                                                                                                                
MR. URION  answered that it  depends on whether the  committee is                                                               
going to  [decrease the  business license fee]  to $25,  in which                                                               
case [consolidating business licenses]  "probably won't make that                                                               
much of a difference."   He added that he would  be able to bring                                                               
the  committee  the  amendment  that  would  allow  one  business                                                               
license  for  multiple  lines  of business,  as  long  as  he/she                                                               
operates under the same business name.                                                                                          
                                                                                                                                
6:34:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR RAMRAS, in  regard to when the business  license fee was                                                               
increased  and  the funds  were  [allocated]  to ATIA  and  other                                                               
agencies,  inquired as  to  from where  ATIA  and other  agencies                                                               
[previously received] funding.                                                                                                  
                                                                                                                                
MR. URION answered that it was a new funding source.                                                                            
                                                                                                                                
6:35:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  opined that when [the  legislature] voted                                                               
for [House Bill  162 in 2003] it was a  "pretty good sized jump."                                                               
He  expressed   his  reluctance   to  "rapid  change"   with  the                                                               
justification  based on  inflation, for  example.   He added,  "I                                                               
don't think we're  probably going to have the  money to reimburse                                                               
them."                                                                                                                          
                                                                                                                                
6:38:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  discussed the  difference between  a fee                                                               
and a  tax.   A fee  is supposed to  be the  amount of  money the                                                               
government charges  to run a program  or department.  A  tax is a                                                               
revenue measure that's  designed to [generate] money  and run the                                                               
general  fund.    He  expressed his  belief  that  [the  business                                                               
license  fee] isn't  truly a  fee.   He  said,  "It's a  tax -  a                                                               
revenue measure - and we just didn't call it that."                                                                             
                                                                                                                                
6:39:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  NEUMAN, upon  determining that  no one  else wished  to                                                               
testify, announced the closure of public testimony.                                                                             
                                                                                                                                
6:40:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  CSHB  416,  Version  24-                                                               
LS1555\F, Bannister,  2/10/06, out  of committee  with individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,  CSHB  416(EDT)  was reported  out  of  the  House                                                               
Special  Committee on  Economic Development,  International Trade                                                               
and Tourism.                                                                                                                    

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