Legislature(2005 - 2006)CAPITOL 17

02/27/2006 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 409 NO WORKERS' COMP. FOR REAL EST. LICENSEE TELECONFERENCED
Moved CSHB 409(L&C) Out of Committee
+ HB 416 BUSINESS LICENSE FEE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 389 REGULATION OF TOURIST ACCOMMODATIONS TELECONFERENCED
Moved Out of Committee
HB 416-BUSINESS LICENSE FEE                                                                                                   
                                                                                                                                
4:08:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT 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."                                                                                                
                                                                                                                                
4:09:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JAY RAMRAS,  Alaska  State Legislature,  sponsor,                                                               
began  by noting  that he  has maintained  a business  license in                                                               
state  for  20 years.    He  pointed  out  that the  increase  in                                                               
business license  fees was an  attempt to cover  budget deficits;                                                               
however,  this increase  has hurt  small businesses.   He  opined                                                               
that $100 per  year for a business license  is "remarkably high."                                                               
He  noted that  the federal  government would  like to  cultivate                                                               
Internet sales, and therefore does not  tax them.  He opined that                                                               
changing the  license fee back  to $25,  or amending the  bill to                                                               
make the fee $50, would encourage small businesses in the state.                                                                
                                                                                                                                
4:11:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that a  previous effort was made to                                                               
maintain a lower business license fee.                                                                                          
                                                                                                                                
REPRESENTATIVE  CRAWFORD commented  that a  "fee" is  intended to                                                               
cover the program operating costs;  however, the current business                                                               
license fee is  much higher than the actual cost  of the program.                                                               
Therefore, he said,  this should be considered a  tax rather than                                                               
a fee.   He  expressed his  support of decreasing  the cost  of a                                                               
business license.                                                                                                               
                                                                                                                                
REPRESENTATIVE GUTTENBERG  asked if the sponsor  had considered a                                                               
maximum   [business  license]   fee  for   individuals  operating                                                               
multiple businesses.                                                                                                            
                                                                                                                                
REPRESENTATIVE  RAMRAS  replied that  this  was  considered in  a                                                               
previous  committee  hearing.   He  also  pointed out  that  [the                                                               
business license fee]  became a source of revenue  two years ago,                                                               
prior to which the  revenue was the same as it  would be, were HB
416 to pass.  He opined  that most business owners "grimace" when                                                               
purchasing a  license, adding that [the  current business license                                                               
fee] inhibits many small businesses from opening.                                                                               
                                                                                                                                
4:14:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT asked if a  $50 fine [for operating without a                                                               
license] is sufficient.                                                                                                         
                                                                                                                                
REPRESENTATIVE RAMRAS  replied that, according to  the Department                                                               
of Commerce, Community, & Economic  Development, a fine has never                                                               
been collected for [operating without a license].                                                                               
                                                                                                                                
REPRESENTATIVE KOTT asked if there  is a provision in the current                                                               
statutes which would allow the department to levy a fine.                                                                       
                                                                                                                                
JIM  POUND,  Staff to  Representative  Jay  Ramras, Alaska  State                                                               
Legislature,  replied  that  currently, this  is  a  misdemeanor,                                                               
which  is  "more  trouble  than  it's worth"  to  pursue.    This                                                               
legislation would  make this an  infraction, which  is comparable                                                               
to a traffic violation.                                                                                                         
                                                                                                                                
REPRESENTATIVE  KOTT asked  if  the  current statutory  provision                                                               
would be deleted.  He pointed out  that in Section 1 of Version F                                                               
allows a fine  of $50; however, if the current  statute says this                                                               
is a misdemeanor, this should be changed.                                                                                       
                                                                                                                                
4:15:47 PM                                                                                                                    
                                                                                                                                
MR. POUND  replied that  according to the  department, this  is a                                                               
misdemeanor.  He  mentioned that he has not  reviewed the current                                                               
statute.                                                                                                                        
                                                                                                                                
4:16:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT  pointed  out  that HB  416  has  a  further                                                               
referral to the House Finance  Committee, and suggested that this                                                               
be looked into prior to the next hearing.                                                                                       
                                                                                                                                
The committee took an at-ease from 4:17 p.m. to 4:19 p.m.                                                                       
                                                                                                                                
4:19:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  commented  that lost  revenue  must  be                                                               
compensated for in another area.                                                                                                
                                                                                                                                
REPRESENTATIVE  KOTT agreed.   He  also  noted that  a number  of                                                               
businesses are operating  without a license, and if  the $50 fine                                                               
was in  place, this  amount of revenue  would compensate  for the                                                               
loss created by lowering the business license fee.                                                                              
                                                                                                                                
4:20:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  remarked  that  he was  "amazed"  that  the                                                               
business owners  who maintain  a business  license are  "the dumb                                                               
ones";  however,  the  business  owners who  do  not  maintain  a                                                               
license "skate"  by.  He  expressed strong support for  the bill,                                                               
although  it  may  be  "unprecedented"  to  "roll  back"  a  tax.                                                               
However, he offered his belief  that this should be done whenever                                                               
possible.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KOTT said that, as  a small business owner, he has                                                               
a conflict of interest.                                                                                                         
                                                                                                                                
REPRESENTATIVE  ROKEBERG  objected.    He  stated  that  he  also                                                               
maintains a state business license,  and therefore has a conflict                                                               
of interest.                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  inquired as to  how this would  impact the                                                               
individuals who recently  paid $200 for a business  license.  She                                                               
asked if there is a refund provision in the bill.                                                                               
                                                                                                                                
REPRESENTATIVE RAMRAS replied that there is not.                                                                                
                                                                                                                                
REPRESENTATIVE  ROKEBERG expressed  the need  for a  transitional                                                               
period.                                                                                                                         
                                                                                                                                
REPRESENTATIVE KOTT commented that it's the "luck of the draw."                                                                 
                                                                                                                                
REPRESENTATIVE   ROKEBERG  said   that   he  is   "in  the   same                                                               
predicament."                                                                                                                   
                                                                                                                                
REPRESENTATIVE  RAMRAS  pointed  out  that he  is  also  in  this                                                               
predicament.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT said  that  a transitional  period would  be                                                               
difficult for the division to manage.                                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG  surmised  that  business  licenses  are                                                               
given based  on the  calendar year rather  than the  fiscal year.                                                               
He  opined that  this would  "complicate matters"  more, as  this                                                               
would affect  multiple fiscal years.   He opined that  a possible                                                               
solution would  be a refund  to be  prorated based on  a December                                                               
31, 2006 effective date.                                                                                                        
                                                                                                                                
REPRESENTATIVE  LEDOUX  suggested that  a  credit  may be  given,                                                               
which may be applied to the next business license application.                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG  replied that this  "would be one  way to                                                               
do it."                                                                                                                         
                                                                                                                                
4:24:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT closed public testimony.                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  commented  that the  transition  period                                                               
needs to be addressed.                                                                                                          
                                                                                                                                
REPRESENTATIVE RAMRAS said  that while an effective  date was not                                                               
considered,  a  December  31,  2006,   effective  date  would  be                                                               
appropriate.  He added that  generating credits and rebates would                                                               
place an added burden on the  department, which is not the intent                                                               
of the bill.                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG  inquired as  to the business  owners who                                                               
have paid past this date.                                                                                                       
                                                                                                                                
REPRESENTATIVE RAMRAS  said that,  to his  knowledge, it  is only                                                               
two years per license.                                                                                                          
                                                                                                                                
4:26:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG  opined  that  this  is  a  "tough  luck                                                               
amendment."   He clarified that  while the business  owners would                                                               
not have to pay [the higher  license fee], they would not receive                                                               
a refund of the fee which was already paid.                                                                                     
                                                                                                                                
REPRESENTATIVE RAMRAS replied yes.                                                                                              
                                                                                                                                
The committee took an at-ease from 4:27 p.m. to 4:29 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG requested that the  bill be held in order                                                               
to  receive   further  information  regarding   the  transitional                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KOTT stated his intent  to hold the bill until the                                                               
next committee hearing.                                                                                                         
                                                                                                                                

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