Legislature(2007 - 2008)HOUSE FINANCE 519

02/22/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 75 DRIVERS LICENSE: ALCOHOL AWARENESS/MINOR TELECONFERENCED
Moved CSHB 75(STA) Out of Committee
+ HB 111 BUSINESS LICENSE FEE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 111                                                                                                            
                                                                                                                                
     An Act decreasing the fee for a business license; and                                                                      
     providing for an effective date.                                                                                           
                                                                                                                                
RICK  URION, DIRECTOR,  DIVISION  OF OCCUPATIONAL  LICENSING,                                                                   
DEPARTMENT  OF COMMERCE,  COMMUNITY  & ECONOMIC  DEVELOPMENT,                                                                   
spoke  in support  of the legislation.   HB  111 reduces  the                                                                   
increased  license  fee of  $100  to $25,  in  an attempt  to                                                                   
attract  and  retain  business.   The  business  license  was                                                                   
created in 1939 as a source of  revenue and is currently used                                                                   
as a  means to determine  local sales  tax.  The  legislation                                                                   
would return business license issuance too biannually.                                                                          
                                                                                                                                
Mr. Urion  explained that  the fiscal  note reflects  that it                                                                   
would take two  years to return to the biannual  license.  He                                                                   
explained the  transitional period and costs  associated with                                                                   
the  return  to a  $25  biannual  license.   The  penalty  in                                                                   
present law is a maximum fine  of $2,000 dollars and 6 months                                                                   
in jail, which  has never been implemented.   The legislation                                                                   
reduces  that  to a  $100  fine.    He spoke  in  support  of                                                                   
increasing the fine to $300.                                                                                                    
                                                                                                                                
2:50:54 PM                                                                                                                    
                                                                                                                                
Representative  Foster questioned  if consideration  had been                                                                   
made to  a graduated  cost for  business licenses  reflecting                                                                   
differences in revenue.   Mr. Urion advised that  it would be                                                                   
difficult   to   manage  a   graduated   program,   requiring                                                                   
examination of tax returns and limit Internet transactions.                                                                     
                                                                                                                                
2:53:19 PM                                                                                                                    
                                                                                                                                
Representative   Gara  reiterated   his  concerns   regarding                                                                   
discrepancy  in business  revenues and  questioned if  such a                                                                   
program  could be  implemented.   Mr.  Urion  noted that  the                                                                   
Division  serves   at  the  direction  of   the  Legislature;                                                                   
however, emphasized the need for a simplified operation.                                                                        
                                                                                                                                
Representative Gara referenced  individuals that occasionally                                                                   
sell  handcrafted   goods  such  as  beading,   and  how  the                                                                   
licensing determination  is made by the Division.   Mr. Urion                                                                   
clarified that  any business making  a profit is  required to                                                                   
have a business license.                                                                                                        
                                                                                                                                
2:56:12 PM                                                                                                                    
                                                                                                                                
Representative Gara  pointed out that AS  43.70.105 indicates                                                                   
that  licenses   are  not  required  unless   the  person  is                                                                   
"regularly  engaged in  furnishing goods  or services".   Mr.                                                                   
Urion explained  that was  part of  the reason that  Governor                                                                   
Palin decided to decrease the license price.                                                                                    
                                                                                                                                
2:58:26 PM                                                                                                                    
                                                                                                                                
Vice Chair Stoltze understood  that the Governor's intent was                                                                   
simplicity for the operation of business.                                                                                       
                                                                                                                                
3:00:13 PM                                                                                                                    
                                                                                                                                
In  response to  Representative  Kelly,  Mr. Urion  explained                                                                   
that it would be returned to a two year $50 dollar license.                                                                     
                                                                                                                                
3:01:03 PM                                                                                                                    
                                                                                                                                
Co Chair Chenault asked if the  $25 fee could cover the costs                                                                   
for  running  the Division.    Mr.  Urion  said that  it  was                                                                   
sufficient.                                                                                                                     
                                                                                                                                
Co-Chair Chenault  asked if the change to $300  would need to                                                                   
be  accomplished through  an amendment.    Mr. Urion  thought                                                                   
that  would provide  more leeway  for  the investigators  and                                                                   
would rarely be used.                                                                                                           
                                                                                                                                
Co-Chair   Chenault  mentioned   individuals  with   multiple                                                                   
businesses,  suggesting  they   have  a  one-fee  combination                                                                   
license.                                                                                                                        
                                                                                                                                
3:03:03 PM                                                                                                                    
                                                                                                                                
Representative Joule  referenced the federal  perception that                                                                   
Alaska  needs  to have  more  "skin  in the  game"  regarding                                                                   
revenue  participation, while  seeking federal  dollars.   He                                                                   
cautioned  reduction of  revenue  when federal  contributions                                                                   
are also being lowered.                                                                                                         
                                                                                                                                
3:05:21 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  said the bill  would be HELD in  Committee as                                                                   
the  legislation   reduces  State  revenue  at   a  time  the                                                                   
Administration  is  attempting  to  reduce the  budget.    He                                                                   
submitted  that it  be  discussed  as a  part  of the  entire                                                                   
revenue package.                                                                                                                
                                                                                                                                
3:05:55 PM                                                                                                                    
                                                                                                                                
Representative Thomas agreed with  comments of Representative                                                                   
Joule  regarding reduction  of  State expenditures  in  areas                                                                   
such  as  fish  and  game, at  the  same  time  revenues  are                                                                   
reduced.                                                                                                                        
                                                                                                                                
3:07:05 PM                                                                                                                    
                                                                                                                                
Representative  Gara  suggested  that consideration  be  made                                                                   
only to reducing  fees for small business.  He  asked about a                                                                   
graduated  fee  structure.   Mr.  Urion  explained  that  the                                                                   
Division does not  have information on what  a business might                                                                   
gross or the actual size.                                                                                                       
                                                                                                                                
Representative  Kelly asked about  the purpose of  a business                                                                   
license.   Mr. Urion explained  that it was established  as a                                                                   
revenue producer  and provides  some statistical  information                                                                   
to the local governments.                                                                                                       
                                                                                                                                
3:09:13 PM                                                                                                                    
                                                                                                                                
Representative  Foster   indicated  that  he   supports  less                                                                   
government and prefers  to do away with that  tax rather than                                                                   
having it placed on small business  people just trying to get                                                                   
by.                                                                                                                             
                                                                                                                                
3:10:39 PM                                                                                                                    
                                                                                                                                
DENNY DEWITT,  ALASKA STATE DIRECTOR, NATIONAL  FEDERATION OF                                                                   
INDEPENDENT   BUSINESS,   testified   in   support   of   the                                                                   
legislation.  He  maintained that the fee should  support the                                                                   
administrative  activity and  not be  a revenue  source.   He                                                                   
spoke in  support of a simple  process.  He  acknowledged the                                                                   
impact of  multiple fees for  individuals that  have multiple                                                                   
businesses.   He noted that the  State is investing  the cost                                                                   
of the activity,  but should not subsidize  other activities.                                                                   
The reduction could help businesses  with increasing the cost                                                                   
of operations.                                                                                                                  
                                                                                                                                
In response to  a question by Vice Chair Stoltze,  Mr. DeWitt                                                                   
addressed other  taxes paid by  municipalities such  as sales                                                                   
tax, business property tax and other fees.                                                                                      
                                                                                                                                
3:14:44 PM                                                                                                                    
                                                                                                                                
Vice  Chair Stoltze  pointed  out that  others  (such as  the                                                                   
Mayor  of  Anchorage)  use the  information  for  statistical                                                                   
values.                                                                                                                         
                                                                                                                                
3:15:33 PM                                                                                                                    
                                                                                                                                
Representative Gara reiterated his concern that individuals                                                                     
selling cupcakes should not need a business license.                                                                            
                                                                                                                                
PUBLIC TESTIMONY WAS CLOSED.                                                                                                  
                                                                                                                                
HB 111 was HELD in Committee for further consideration.                                                                         

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