Legislature(1999 - 2000)

03/01/2000 03:34 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 380 - INSURER TAX CREDIT: FIRE STANDARDS COUNCIL                                                                           
                                                                                                                                
Number 0148                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG  announced that  the  first order  of  business                                                              
would be HOUSE BILL NO. 380, "An  Act relating to contributions to                                                              
the Alaska  Fire Standards  Council and to  an insurer  tax credit                                                              
for those  contributions;  and providing  for an effective  date."                                                              
[Before the committee was CSHB 380(STA).]                                                                                       
                                                                                                                                
Number 0145                                                                                                                     
                                                                                                                                
JOE BALASH, Staff to Representative  Gene Therriault, Alaska State                                                              
Legislature,  introduced  HB  380  by  reading  briefly  from  the                                                              
sponsor  statement.   He  said HB  380  creates  an insurance  tax                                                              
credit for contributions to the Alaska  Fire Standards Council for                                                              
fire   services  training   programs.     Created   by  the   20th                                                              
legislature, the  Fire Standards Council  will meet for  the first                                                              
time on July 1, 2000, and HB 380  creates a funding source for the                                                              
council's operations.   The council  will adopt minimum  standards                                                              
for  employment,  as  well as  curriculum  requirements  for  fire                                                              
fighters   and   fire  instructors   around   the   state.     The                                                              
certification [of  fire fighters] is  not mandatory.   The council                                                              
will  allow  the state  to  adopt  fire standards  appropriate  to                                                              
Alaska's unique climate.                                                                                                        
                                                                                                                                
Number 0258                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO  asked  about the  difference  between  the                                                              
original  bill and CSHB  380(STA).   He noted  that the  committee                                                              
substitute (CS) deletes the word "training" and asked why.                                                                      
                                                                                                                                
MR. BALASH  said the intent was to  open up the language  a little                                                              
to  cover  the  cost  of  operations  in  this  initial  year,  as                                                              
standards are being developed.                                                                                                  
                                                                                                                                
[JASON  ELSON, Fire  Chief, City  of Kenai,  and a  member of  the                                                              
Alaska Fire  Chiefs Association,  told members via  teleconference                                                              
that  he and  Chief  Len Malmquist,  also  on teleconference  from                                                              
Kenai, would defer to colleagues from Anchorage and Fairbanks.]                                                                 
                                                                                                                                
Number 0390                                                                                                                     
                                                                                                                                
MICHAEL McGOWAN, Coordinator, Fire  Science Program, University of                                                              
Alaska -  Fairbanks, testified  by teleconference from  Fairbanks.                                                              
He identified himself as past president  of the Alaska Fire Chiefs                                                              
Association  and  coordinator of  the  University  of Alaska  Fire                                                              
Science Program at  Fairbanks.  He said Alaska has  the worst fire                                                              
loss and  fatality record in the  United States.   Alaska's police                                                              
and Emergency Medical  Services (EMS) personnel  have had training                                                              
standards for about 20-25 years.   The Police Standards Council is                                                              
funded  by  $10 per  [traffic  citation],  and the  EMS  Standards                                                              
Council  is  funded  through  the   state  Department  of  Health,                                                              
Education and Social Services.                                                                                                  
                                                                                                                                
MR.  McGOWAN  said the  only  fire  training standards  in  Alaska                                                              
recognized  by   the  federal   Occupational  Safety   and  Health                                                              
Administration  are   those  established  by  the   National  Fire                                                              
Protection  Association.     Alaska   has  about  25   urban  fire                                                              
departments  that cover  about 90  percent of  the population  and                                                              
about 225  rural fire departments  that cover about 10  percent of                                                              
the population.   It is very  difficult for the  urban departments                                                              
to achieve those  training standards and "totally  unrealistic for                                                              
the rural departments to even begin to meet them."                                                                              
                                                                                                                                
MR. McGOWAN  said the Alaska  Fire Chiefs Association  supports HB
380 and establishment  of an Alaska Fire Council  to adopt minimum                                                              
training standards  for both fire  fighters and instructors.   The                                                              
funding  mechanism provided  by HB  380 will  allow the  insurance                                                              
industry to support the fire training.  Hopefully, the result will                                                              
be  an increase  in  fire fighter  safety  and  reduction of  fire                                                              
losses and fatalities.                                                                                                          
                                                                                                                                
Number 0573                                                                                                                     
                                                                                                                                
GARY POWELL,  State Fire Marshall  and Director, Division  of Fire                                                              
Prevention,   Department   of   Public    Safety,   testified   by                                                              
teleconference  from Anchorage.    He said  the  Division of  Fire                                                              
Prevention supports HB 380.                                                                                                     
                                                                                                                                
Number 0602                                                                                                                     
                                                                                                                                
JIM  WHITE,  Chief  of  Fire  Service   Training,  Anchorage  Fire                                                              
Department,  testified  by  teleconference  from  Anchorage.    He                                                              
expressed  support for  HB 380  on  behalf of  the Anchorage  Fire                                                              
Department.  He  also relayed a verbal commitment  of support from                                                              
the  Anchorage  Fire Fighters  Union,  Local  1264, and  said  the                                                              
union's endorsement is expected to  be ratified by a vote on March                                                              
9.                                                                                                                              
                                                                                                                                
CHAIRMAN  ROKEBERG  asked  where  Anchorage  training  would  take                                                              
place.                                                                                                                          
                                                                                                                                
MR. WHITE  answered that  Anchorage trains  its own fire  fighters                                                              
using facilities  in  Kenai and Fairbanks.   As  the largest  fire                                                              
department in  the state, Anchorage  also supplies  instructors to                                                              
Kenai, Fairbanks and outlying villages.                                                                                         
                                                                                                                                
Number 0752                                                                                                                     
                                                                                                                                
MIKE DOLPH, President,  Alaska Fire Chiefs  Association, testified                                                              
by teleconference  from Kodiak.  He identified  himself as retired                                                              
fire chief of the City of Kodiak  as well as the current president                                                              
of  the  Alaska  Fire  Chiefs  Association.    He  reaffirmed  the                                                              
association's  support for  HB 380,  commenting  on its  "fiscally                                                              
responsible and  accountable method of funding the  Fire Standards                                                              
Council."                                                                                                                       
                                                                                                                                
BOB  LOHR,   Director,  Division   of  Insurance,  Department   of                                                              
Community and Economic  Development, informed members  that he was                                                              
available to answer questions.                                                                                                  
                                                                                                                                
Number 0882                                                                                                                     
                                                                                                                                
JOHN GEORGE, Lobbyist for the National  Association of Independent                                                              
Insurers, told  committee members that the insurance  industry had                                                              
been  silent on  this issue,  and so had  been asked  to lend  its                                                              
support to HB  380.  He said member companies  have indicated that                                                              
they would consider  donating to this type of thing  [a state Fire                                                              
Standards Council].   Most insurance  companies have  a foundation                                                              
or committee  that reviews applications  for donations  each year.                                                              
"These are the kinds of things that we do consider," he said.                                                                   
                                                                                                                                
MR. GEORGE said member agencies appreciate  that contributions are                                                              
not mandatory, but  that the insurance industry is  being given an                                                              
opportunity to donate money to this,  which is certainly needed in                                                              
the  state.   He  voiced  support  for HB  380  on behalf  of  the                                                              
National  Association of  Independent  Insurers.   In closing,  he                                                              
urged legislators not to close themselves  to thinking about other                                                              
funding  sources.   The Fire  Standards Council  has an  important                                                              
mission, is very worthy of financing,  and should not have to rely                                                              
100 percent on insurance company donations for its financing.                                                                   
                                                                                                                                
Number 0992                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG clarified  that HB  380 will  allow members  to                                                              
make donations  in exchange for a  tax credit to  the organization                                                              
not to exceed $150,000 a year.                                                                                                  
                                                                                                                                
MR. GEORGE  said it would  be a partial  tax credit,  not one-for-                                                              
one.   If  an  insurance  company gives  $50,000,  it  can take  a                                                              
$25,000  credit  on  its  premium  taxes  derived  from  insurance                                                              
premiums that  relate to  fire.  The  company still gives  some of                                                              
its  money,  but  the donation  would  reduce  the  company's  tax                                                              
obligation.    This  program  is  very similar  to  one  that  the                                                              
University of Alaska has, also dealing with premium taxes.                                                                      
                                                                                                                                
Number 1031                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO  asked if there  was any similar  program in                                                              
any other state.                                                                                                                
                                                                                                                                
MR. GEORGE said he was not aware  of any similar programs in other                                                              
states,  but  that  insurance  companies  give  money  to  various                                                              
charities and causes throughout the country.                                                                                    
                                                                                                                                
Number 1070                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MURKOWSKI  noted   that  HB  380  refers  to  cash                                                              
contributions.  She asked whether  any other kind of contributions                                                              
could be made.                                                                                                                  
                                                                                                                                
MR. GEORGE said  insurance companies have many ways  in which they                                                              
might contribute.   Whether  HB 380 allows  it is another  matter.                                                              
For  example, insurance  companies  have  print  shops where  they                                                              
print policies  and  riders, and  they might be  willing to  print                                                              
brochures, pamphlets, training manuals,  and that kind of thing as                                                              
an in-kind donation.   They might provide access  to their mailing                                                              
list or put a  flyer in with their billings  to Alaskan residents,                                                              
but he thinks HB 380 does not address that.                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI said HB  380 specifically refers to "cash                                                              
contributions," and she wonders if it is purposefully specific.                                                                 
                                                                                                                                
MR. BALASH  explained that  the language  in HB  380 was  based on                                                              
that  which is  already in  place  for the  University of  Alaska.                                                              
There was  not a  particular intent  to restrict contributions  to                                                              
cash only.                                                                                                                      
                                                                                                                                
REPRESENTATIVE HALCRO  asked Mr. Balash if it  would be acceptable                                                              
to eliminate the  word "cash" in the bill.  What  if one wished to                                                              
donate a building or vehicles, or  make in-kind contributions such                                                              
as printing or  legal assistance?.  He wondered if  there would be                                                              
a benefit to deleting the specific  reference to cash and allowing                                                              
all kinds of contributions.                                                                                                     
                                                                                                                                
MR. BALASH said he didn't think that  would be a problem, but said                                                              
he would prefer  to let the Fire  Council speak for itself  on the                                                              
matter  [of in-kind  and other  possible non-cash  contributions].                                                              
He  wondered  how those  other  types  of contributions  would  be                                                              
accounted  for  under  the  Division  of  Insurance  statutes  and                                                              
regulations.                                                                                                                    
                                                                                                                                
CHAIRMAN  ROKEBERG  said  he  thought  it  would  cause  a  severe                                                              
accounting problem,  and evaluation [of such donations]  would add                                                              
to the  cost.   He favors the  relatively simple,  straightforward                                                              
program capped at $150,000.                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG then  asked Mr.  Balash why  HB 380 includes  a                                                              
reference to title insurance premium taxes.                                                                                     
                                                                                                                                
MR. BALASH  said he thought  that was an oversight,  inadvertently                                                              
left in from earlier drafts of the bill.                                                                                        
                                                                                                                                
[CHAIRMAN ROKEBERG  addressed Mr.  Lohr, and there  was discussion                                                              
concerning the fiscal note.]                                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG  requested confirmation that the  bill will save                                                              
the state money.                                                                                                                
                                                                                                                                
MR.  LOHR explained  that it  would result  in a  net increase  in                                                              
revenues to the  state because the contributions are  in excess of                                                              
the tax credits allowable.  That was the intended outcome.                                                                      
                                                                                                                                
Number 1594                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked Mr.  Lohr to comment on the earlier                                                              
discussion  about the applicability  of  tax credits for  non-cash                                                              
contributions.                                                                                                                  
                                                                                                                                
MR.  LOHR  said   the  associated  evaluation  issues   get  quite                                                              
"thorny," and  that he  thought the cash  contribution would  be a                                                              
much cleaner approach.                                                                                                          
                                                                                                                                
REPRESENTATIVE  HALCRO  asked  about  a donation  of  assets  that                                                              
already  have an  established  value,  such as  land  that has  an                                                              
assessed valuation that can be documented.                                                                                      
                                                                                                                                
MR. LOHR said that might be possible.                                                                                           
                                                                                                                                
Number 1711                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG  moved  to  adopt  Amendment  1,  a  conceptual                                                              
amendment  to page 1,  line 11,  deleting the  reference to  title                                                              
insurance  premium tax.    There  being no  objection,  it was  so                                                              
ordered.                                                                                                                        
                                                                                                                                
Number 1747                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO made a motion  to move out of committee CSHB
380(STA), as amended, with individual  recommendations and the two                                                              
accompanying  fiscal  notes.    There  being  no  objection,  CSHB
380(L&C) was  moved out of the  House Labor and  Commerce Standing                                                              
Committee.                                                                                                                      
                                                                                                                                

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