Legislature(2003 - 2004)

03/12/2003 04:03 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 12, 2003                                                                                         
                           4:03 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom Anderson, Chair                                                                                              
Representative Bob Lynn, Vice Chair                                                                                             
Representative Nancy Dahlstrom                                                                                                  
Representative Carl Gatto                                                                                                       
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative David Guttenberg                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 120                                                                                                              
"An Act excluding service contracts from regulation as                                                                          
insurance; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 162                                                                                                              
"An Act increasing the fee for a state business license; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 120                                                                                                                  
SHORT TITLE:SERVICE CONTRACT SALES ARE NOT INSURANCE                                                                            
SPONSOR(S): REPRESENTATIVE(S)COGHILL                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/24/03     0286       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/24/03     0286       (H)        L&C                                                                                          
03/05/03                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
03/05/03                (H)        Heard & Held                                                                                 
03/05/03                (H)        MINUTE(L&C)                                                                                  
03/12/03                (H)        L&C AT 4:00 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: HB 162                                                                                                                  
SHORT TITLE:INCREASE BUSINESS LICENSE FEE                                                                                       
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR                                                                                      
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/05/03     0432       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/05/03     0432       (H)        L&C, FIN                                                                                     
03/05/03     0433       (H)        FN1: (CED)                                                                                   
03/05/03     0433       (H)        GOVERNOR'S TRANSMITTAL LETTER                                                                
03/05/03     0433       (H)        REFERRED TO LABOR & COMMERCE                                                                 
03/12/03                (H)        L&C AT 4:00 PM CAPITOL 17                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
to Representative Jack Coghill                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions about proposed                                                                          
amendments to HB 120 on behalf of the sponsor.                                                                                  
                                                                                                                                
STAN RIDGEWAY, Deputy Director                                                                                                  
Division of Insurance                                                                                                           
Department of Community and Economic Development                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 120 about how the                                                                 
Division of Insurance licenses sellers of insurance and collects                                                                
premium taxes.                                                                                                                  
                                                                                                                                
EDGAR BLATCHFORD, Commissioner                                                                                                  
Department of Community and Economic Development                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented HB 162 on behalf of the                                                                          
administration.                                                                                                                 
                                                                                                                                
RONALD JORDAN, Small Business Owner                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on HB 162, suggesting a graduated                                                                
fee based on the number of employees in the business.                                                                           
                                                                                                                                
DAVE JANKA, Owner/operator                                                                                                      
Auklet Charter Services                                                                                                         
Cordova, Alaska                                                                                                                 
POSITION  STATEMENT:   Testified  in opposition  to  HB 162,  but                                                               
spoke in  favor of  graduated fees  such as  those used  by other                                                               
organizations and agencies.                                                                                                     
                                                                                                                                
RICK URION, Director                                                                                                            
Division of Occupational Licensing                                                                                              
Department of Community & Economic Development                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions  on HB 162  and provided                                                               
statistics about business licenses.                                                                                             
                                                                                                                                
MIKE WINDRED, Director of Operations                                                                                            
Alaska Travel Adventures, Inc.                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Spoke in  favor of  HB 162  and urged  the                                                               
committee  to keep  the  criteria for  the  business license  fee                                                               
simple in order to keep the fiscal note low.                                                                                    
                                                                                                                                
KEITH MONTGOMERY, Owner                                                                                                         
Montgomery Construction                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Opposed  the  large  increase in  business                                                               
license fees  in HB 162, explaining  how difficult it is  for the                                                               
family's two  small businesses to  afford the $800  biennial cost                                                               
of two licenses.                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-20, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR TOM ANDERSON  called the House Labor  and Commerce Standing                                                             
Committee  meeting  to  order  at   4:03  p.m.    Representatives                                                               
Anderson, Lynn,  Dahlstrom, Rokeberg,  and Crawford  were present                                                               
at  the call  to  order.   Representative  Gatto  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
HB 120-SERVICE CONTRACT SALES ARE NOT INSURANCE                                                                               
                                                                                                                                
Number 0041                                                                                                                     
                                                                                                                                
CHAIR ANDERSON announced  that the first order  of business would                                                               
be HOUSE BILL  NO. 120, "An Act excluding  service contracts from                                                               
regulation as insurance; and providing for an effective date."                                                                  
                                                                                                                                
Number 0054                                                                                                                     
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Representative  Jack  Coghill,  Alaska                                                               
State Legislature,  sponsor of HB  120, explained that  this bill                                                               
was  held over  from  the  March 5  meeting  because of  concerns                                                               
expressed by  Representatives Rokeberg,  Lynn, and  Senator Ralph                                                               
Seekins  [about  businesses  selling  home  warranties  and  auto                                                               
service contracts without an  insurance license].  Representative                                                               
Rokeberg's suggested revision  was sent to the  bill drafter Mike                                                               
Ford, Legislative Legal and Research  Services.  Ms. Moss relayed                                                               
Mr.  Ford's opinion  that the  language in  [Version 23-LS0537\D]                                                               
removed  those   types  of   service  contracts   from  insurance                                                               
regulation  and that  additional changes  were unnecessary.   She                                                               
distributed a  proposed amendment  by the Division  of Insurance,                                                               
Department  of Community  and Economic  Development, which  set a                                                               
maximum  value  on the  purchase  price  of items  whose  service                                                               
contracts would  be exempted from  the insurance code.   She said                                                               
the  concerns  of  the  Division   of  Insurance  might  best  be                                                               
addressed in separate legislation.   Ms. Moss said Representative                                                               
Coghill wants  to pass  a bill that  legalizes the  activities of                                                               
many honest businessmen.                                                                                                        
                                                                                                                                
Number 0181                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  summarized   the  testimony  from  last                                                               
week's meeting.   He said  that there are special  provisions for                                                               
automobile  service contracts  in current  law.   Home warranties                                                               
that  are  sold  by  realtors and  homebuilders  fall  under  the                                                               
purview of  the insurance law.   He asked if that  was Ms. Moss's                                                               
understanding of the current law.                                                                                               
                                                                                                                                
MS. MOSS  replied that  Mr. Ford  said that the  use of  the word                                                               
"property' in [Version D] of  the bill would probably cover those                                                               
concerns [by removing home warranties  and auto service contracts                                                               
from oversight by the Division of Insurance].                                                                                   
                                                                                                                                
REPRESENTATIVE ROKEBERG asked  to make clear for  the record that                                                               
automobiles  and  home  warranties  would be  excluded  from  the                                                               
purview of insurance under HB 120.                                                                                              
                                                                                                                                
MS.  MOSS replied  that  Mr. Ford  had said  yes,  they would  be                                                               
excluded.                                                                                                                       
                                                                                                                                
Number 0266                                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN  questioned what  had changed since  the last                                                               
hearing in  which the committee  was told that realtors  who sold                                                               
home warranties were violating the insurance law.                                                                               
                                                                                                                                
MS. MOSS  replied that  the bill  drafter and  the administration                                                               
interpret the current law differently.                                                                                          
                                                                                                                                
REPRESENTATIVE LYNN asked which agency  is going to interpret the                                                               
law if he sells someone a home warranty.                                                                                        
                                                                                                                                
MS.  MOSS  said   that  is  one  reason   for  this  legislation;                                                               
Representative Coghill  does not  want the  law interpreted  on a                                                               
case-by-case basis.  She said  he believes that service contracts                                                               
should be excluded from the insurance title.                                                                                    
                                                                                                                                
Number 0326                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG suggested getting  a letter from Mr. Ford                                                               
that states that  the sellers of auto service  contracts and home                                                               
warranties are covered  by this bill and thereby  exempt from the                                                               
insurance  statute.   He  added  that Mr.  Ford  should be  asked                                                               
whether any amendments to HB 120 are necessary.                                                                                 
                                                                                                                                
Number 0365                                                                                                                     
                                                                                                                                
STAN   RIDGEWAY,   Deputy   Director,  Division   of   Insurance,                                                               
Department of  Community and Economic Development,  addressed the                                                               
questions  raised  by  Representatives  Rokeberg and  Lynn.    He                                                               
agreed  that   HB  120  does  exempt   homeowner  warranties  and                                                               
automobile service  contracts.   He said  when he  testified last                                                               
week, he made  a misstatement when he said the  division does not                                                               
regulate service  contracts at this  time.  He explained  that he                                                               
should have said  that the division does not  regulate the aspect                                                               
of a  service contract that  requires someone to have  a license.                                                               
This is  because the only  way the  division knows if  someone is                                                               
selling insurance  without a license  is when a customer  files a                                                               
complaint against the seller.  He  said that most of the auto and                                                               
homeowner contracts sold are above board.                                                                                       
                                                                                                                                
Number 0455                                                                                                                     
                                                                                                                                
MR.  RIDGEWAY  explained that  the  division  has rate  and  form                                                               
filings from  all the companies  that sell home  owner warranties                                                               
and auto  contracts; they all pay  premium taxes to the  State of                                                               
Alaska.  Some  24 insurance companies sell  home owner warranties                                                               
(which  are listed  as "other  than auto  type" warranties),  and                                                               
another   34  insurance   companies  sell   mechanical  breakdown                                                               
insurance,  for  example,  covering problems  with  home  heating                                                               
systems.   The  division  lists 45  companies  that sell  vehicle                                                               
service contracts,  and 17 companies sell  contracts specifically                                                               
related to  autos.  He  said that's 62 insurance  companies (with                                                               
some duplication between  the two lists) that pay  premium tax on                                                               
auto-related products.   He said if these  products were exempted                                                               
from  the  insurance  code,  HB  120  would  have  a  significant                                                               
financial  impact because  the Division  of Insurance  would lose                                                               
these  premium  taxes.   Mr.  Ridgeway  said he  also  researched                                                               
automobile  companies  that  have  licenses  to  sell  automobile                                                               
insurance, a type of credit insurance.   He has a 10-page list of                                                               
new and used auto dealers  that have filed for insurance licenses                                                               
to sell credit and/or property insurance.   He said some of those                                                               
auto dealers have an appropriate license and some do not.                                                                       
                                                                                                                                
Number 0584                                                                                                                     
                                                                                                                                
MR.  RIDGEWAY explained  that after  the  legislature passed  the                                                               
Omnibus  Insurance  Bill  last year,  the  division  changed  the                                                               
licensing process and  added a limited lines  license that covers                                                               
credit  insurance.   He suggested  that  the division  add a  new                                                               
limited  lines  license  that  would  cover  service  warranties,                                                               
assuring  that these  were regulated  by the  state.   This would                                                               
allow people  selling service contracts  to register for  a small                                                               
fee.                                                                                                                            
                                                                                                                                
Number 0610                                                                                                                     
                                                                                                                                
MR. RIDGEWAY  described the division's  proposed amendment  to HB
120, which read:                                                                                                                
                                                                                                                                
     (e) This  title does  not apply  to a  service contract                                                                    
     offered, issued for delivery,  delivered, or renewed in                                                                    
     this state  where the tangible property  has a purchase                                                                  
     price  of $8,000.00  or less,  exclusive of  sales tax.                                                                  
     In   this   subsection,   "tangible   property"   means                                                                  
     household  consumer goods;  "service contract"  means a                                                                  
     contract  or  agreement  to  provide  for  the  repair,                                                                    
     replacement,   or  maintenance   of  property   over  a                                                                    
     definite period of time in  exchange for a fixed amount                                                                    
     of money.                                                                                                                  
                                                                                                                                
MR.  RIDGEWAY explained  that the  division's proposed  amendment                                                               
would classify  tangible property  that has  a purchase  price of                                                               
$8,000 or  less, exclusive of sales  tax, and would define  it as                                                               
household consumer  goods.  This  amendment would  exempt service                                                               
contracts  on household  consumer goods  but would  leave service                                                               
contracts for  homes, autos, ambulance  services, and  many other                                                               
products currently  interpreted as  insurance under  the Division                                                               
of Insurance.                                                                                                                   
                                                                                                                                
Number 0669                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN   asked  Mr.  Ridgeway  about   a  realtor's                                                               
liability for a customer's complaint about a home warranty.                                                                     
                                                                                                                                
MR. RIDGEWAY  replied that  normally the  dispute is  between the                                                               
company settling the claim and  the customer, not necessarily the                                                               
seller  of the  insurance.    Under the  current  law, a  realtor                                                               
should  have a  license to  sell that  product; under  HB 120,  a                                                               
realtor would be  exempt from having to have a  license to sell a                                                               
home warranty.                                                                                                                  
                                                                                                                                
Number 0766                                                                                                                     
                                                                                                                                
MR. RIDGEWAY, answering a question  from Chair Anderson, said the                                                               
department prepared  an indeterminate  fiscal note with  the hope                                                               
that the committee would accept  the division's amendment.  If it                                                               
is not accepted,  the department would have to  research the cost                                                               
of  the legislation.    The  resulting fiscal  note  would be  an                                                               
estimate because  companies combine  their insurance  products to                                                               
calculate their premium taxes.                                                                                                  
                                                                                                                                
REPRESENTATIVE   ROKEBERG  commented   that   Mr.  Ridgeway   has                                                               
identified  automobile  businesses  that  are  covered  under  AS                                                               
45.25.620  [Service  contracts]  as   having  to  file  with  the                                                               
Division of Insurance.                                                                                                          
                                                                                                                                
MR.  RIDGEWAY   replied  that   according  to   the  department's                                                               
assistant attorney  general, AS  45.25.620 requires  a disclosure                                                               
document if the business sells  automobile service contracts.  He                                                               
said  the statute  does  not exempt  service  contracts from  the                                                               
insurance code.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  ROKEBERG clarified  that  he was  saying that  it                                                               
sounds as  if most  automobile companies  are complying  with the                                                               
division's regulations.                                                                                                         
                                                                                                                                
Number 0872                                                                                                                     
                                                                                                                                
MR. RIDGEWAY replied  that 90 percent of those  businesses have a                                                               
license to  sell credit insurance,  and a  few have a  license to                                                               
sell property insurance.   He said in that  sense, the businesses                                                               
are not complying  with the insurance law when  they sell service                                                               
contracts.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked  the  difference  between  credit                                                               
insurance  and  property  insurance  as they  relate  to  service                                                               
contracts.                                                                                                                      
                                                                                                                                
MR. RIDGEWAY  replied that  credit insurance covers  a loss  if a                                                               
person dies  while they have and  are paying a contract;  it is a                                                               
hybrid type of  life insurance.  He added  that service contracts                                                               
fall under  the property  and casualty  insurance.   He confirmed                                                               
that credit insurance would not be affected by HB 120.                                                                          
                                                                                                                                
Number 0929                                                                                                                     
                                                                                                                                
MR.  RIDGEWAY,  upon   questioning  by  Representative  Rokeberg,                                                               
explained that  a few  automobile dealers  have licenses  to sell                                                               
service contracts.                                                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG asked  why there would be  a large fiscal                                                               
note if  most of  the companies referred  to earlier  sell credit                                                               
insurance  and their  payment of  fees would  not be  affected by                                                               
this bill.                                                                                                                      
                                                                                                                                
MR.  RIDGEWAY replied  that  the  fiscal note  would  be tied  to                                                               
exempting  service  contracts  from  the  insurance  code.    The                                                               
insurance companies that pay premium  taxes - a percentage on the                                                               
gross premiums  sold in the state  - would no longer  have to pay                                                               
those  premium  taxes.   So  the  impact  would  be the  loss  of                                                               
thousands and thousands of dollars.                                                                                             
                                                                                                                                
Number 1003                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG replied that  the committee would like to                                                               
know the  amount of that  loss.  He asked  if there's only  a few                                                               
firms selling  property insurance now, if  they're registered and                                                               
paying  premium  taxes,  then  how much  premium  tax  would  the                                                               
division lose?   Many firms  aren't registered with  the division                                                               
[and therefore are not paying premium taxes].                                                                                   
                                                                                                                                
Number 1019                                                                                                                     
                                                                                                                                
MR.  RIDGEWAY  explained  that  there are  two  kinds  of  taxes:                                                               
premium  taxes and  licensing  fees.   The  people  who sell  the                                                               
product for  the auto dealers  have to have  a license; to  get a                                                               
license, they pay a fee.   The insurance company that files forms                                                               
with the  division to  sell products in  Alaska pays  the premium                                                               
tax, not  the auto dealer  who sells  the insurance policy.   The                                                               
insurance company  pays a  flat percentage on  gross sales.   For                                                               
example, the  individual State Farm  insurance agent who  sells a                                                               
customer an  auto policy does  not pay premium taxes;  State Farm                                                               
pays those taxes.                                                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG  said Mr.  Ridgeway testified  that there                                                               
are  very  few people  who  are  covered  by  this bill  who  are                                                               
registered with  the department.   Why is  the division  going to                                                               
lose a lot of premium tax?                                                                                                      
                                                                                                                                
Number 1079                                                                                                                     
                                                                                                                                
MR. RIDGEWAY  explained that if  service contracts  are exempted,                                                               
the  insurance  companies  servicing  them  will  no  longer  pay                                                               
premium  taxes.   Every insurance  company that  files to  sell a                                                               
product in  the state is  paying the  premium tax; the  agent and                                                               
the  auto salesperson  do not  pay the  premium tax.   For  every                                                               
automobile service  contract or home  warranty that is  sold, the                                                               
division receives a premium tax.   Even though the person selling                                                               
the contract  might not have a  license to sell it,  the division                                                               
gets the premium tax on the contract.                                                                                           
                                                                                                                                
REPRESENTATIVE  ROKEBERG repeated  Mr. Ridgeway's  testimony that                                                               
the insurance company  paying the premium tax  is registered with                                                               
the department.  He asked  why the division would have difficulty                                                               
identifying the amount of lost premiums.   He asked whether it is                                                               
because the companies  sell multiple products, making  it hard to                                                               
determine which line would be affected.                                                                                         
                                                                                                                                
Number 1135                                                                                                                     
                                                                                                                                
MR.  RIDGEWAY used  State Farm  to illustrate  the difficulty  in                                                               
separating out  [lost premium  taxes on  service contracts.]   He                                                               
said  State  Farm  might  sell  service  contract  policies;  the                                                               
company  also sells  auto policies.    When State  Farm pays  its                                                               
premium taxes, the  amount is calculated on  gross premiums times                                                               
3 percent.   If the companies broke those products  out, a simple                                                               
computer run could determine the amount  of lost premiums.  As it                                                               
is, the  division will  have to  estimate the  premiums currently                                                               
paid on service contracts.                                                                                                      
                                                                                                                                
REPRESENTATIVE   ROKEBERG  asked   about  using   the  division's                                                               
proposed amendment but leaving the  auto service contracts intact                                                               
and  including home  warranties in  the bill.   He  asked if  Mr.                                                               
Ridgeway knew the dollar amount  represented by the home warranty                                                               
policies.                                                                                                                       
                                                                                                                                
Number 1193                                                                                                                     
                                                                                                                                
MR. RIDGEWAY responded that he did  not know the dollar amount of                                                               
[home  warranty  premiums  paid],  but   he  said  he  does  have                                                               
information on the  number of companies - roughly 60  - that have                                                               
filed  to sell  those  products  and how  many  the division  has                                                               
approved.    Some  34 companies  sell  contracts  for  mechanical                                                               
breakdowns  [on  homes],  and 24  companies  sell  contracts  for                                                               
insurance  other  than  auto,  which  is  home  warranties.    He                                                               
confirmed that a mechanical breakdown  could include an item such                                                               
as a boiler.                                                                                                                    
                                                                                                                                
MR. RIDGEWAY said the division  wants to preserve the premium tax                                                               
because it  is the third  or fourth largest revenue  producer for                                                               
the state.  He said  the committee's concern about licensing real                                                               
estate agents  and automobile salesman  is a issue  separate from                                                               
the  state  receiving  the  premium  tax.    With  this  proposed                                                               
legislation,  the state  exempts all  of those  companies from  a                                                               
premium tax.                                                                                                                    
                                                                                                                                
Number 1293                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG explored  the  solution of  specifically                                                               
exempting businesses  from getting  an insurance license  to sell                                                               
home warranties.   He asked if  that would avoid the  loss of the                                                               
premium tax.                                                                                                                    
                                                                                                                                
MR. RIDGEWAY said that is correct.                                                                                              
                                                                                                                                
REPRESENTATIVE  ROKEBERG suggested  exempting automobile  dealers                                                               
from the requirement  to get a license to sell  auto policies and                                                               
asked Mr. Ridgeway's opinion.                                                                                                   
                                                                                                                                
MR.  RIDGEWAY  confirmed  that   [automobile  dealers]  would  be                                                               
excluded from a  licensing fee but the  insurance companies would                                                               
still pay the premium tax.                                                                                                      
                                                                                                                                
REPRESENTATIVE  ROKEBERG   asked  why  the   division's  proposed                                                               
amendment included the figure of "$8,000.00 or less".                                                                           
                                                                                                                                
Number 1356                                                                                                                     
                                                                                                                                
MR.  RIDGEWAY  explained  that  the  amendment  was  directed  at                                                               
consumer products.   He said  his understanding of the  intent of                                                               
the bill  was to exempt  products like TVs, home  appliances, and                                                               
hot tubs from  the insurance code.  A lot  of retail dealers sell                                                               
service contracts with their products.   He said the bill is very                                                               
broad  as written,  and the  division  was not  sure whether  the                                                               
sponsor and the committee understood how broad it was.                                                                          
                                                                                                                                
REPRESENTATIVE  CRAWFORD  asked  Representative  Rokeberg  if  he                                                               
objects to the  division's proposed amendment.  He  said it gives                                                               
the division  quite a  bit of leeway  on service  contracts, with                                                               
the $8,000 ceiling.                                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG suggested he  address the question to the                                                               
sponsor of the bill.                                                                                                            
                                                                                                                                
Number 1458                                                                                                                     
                                                                                                                                
CHAIR ANDERSON turned the gavel over to Vice Chair Lynn.                                                                        
                                                                                                                                
MS.  MOSS said  there is  a philosophical  difference here  about                                                               
service  contracts  versus credit  insurance.    She said  credit                                                               
insurance  is clearly  an insurance;  it's insuring  a risk  that                                                               
somebody's going  to die  and the  person is  going to  leave the                                                               
family with  the debt of a  new vehicle, for example.   A service                                                               
contract,  however, is  tied  directly to  property;  an auto  is                                                               
property, a house  is property.  Putting a value  limit of $8,000                                                               
would probably exclude some home  heating systems in Alaska, most                                                               
cars in  decent running  condition, and vacuum  systems in  a new                                                               
home.   If the  bill is  amended with a  dollar amount,  she said                                                               
$8,000  is pretty  low.   And the  $8,000 figure  would tie  many                                                               
service contracts back into the insurance provisions.                                                                           
                                                                                                                                
Number 1546                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD  asked  whether  it  was  the  sponsor's                                                               
intention to  exempt these insurance companies  from paying their                                                               
premium tax.                                                                                                                    
                                                                                                                                
MS.  MOSS  replied no,  she  is  not  convinced that's  going  to                                                               
happen.  She  said that there's very few auto  sales companies in                                                               
the  state that  realize that  they're supposed  to be  licensed.                                                               
She said she  doesn't think the revenue lost is  going to be that                                                               
significant.    She  also  said  the  Division  of  Insurance  is                                                               
spending  a  lot of  manpower  deciding,  case by  case,  whether                                                               
somebody is supposed  to have an insurance license  to be selling                                                               
service  contracts.     She  estimated  that   [the  benefit  of]                                                               
relieving staff  from making piece-meal decisions  would outweigh                                                               
any loss of premium tax revenue incurred.                                                                                       
                                                                                                                                
Number 1591                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD asked whether  the sponsor favors changes                                                               
in HB 120  that would exempt these businesses  from licensure but                                                               
would require  the insurance companies  to continue  paying their                                                               
premium taxes.                                                                                                                  
                                                                                                                                
MS.  MOSS  replied  that  the  sponsor  has  not  discussed  this                                                               
possibility with the bill drafter, but  he could do so.  She said                                                               
this bill  excludes the premium  tax on service  contracts, which                                                               
the division has admitted is insignificant at this point.                                                                       
                                                                                                                                
Number 1647                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG commented that  too many amendments might                                                               
trigger a fiscal  note, which could be a good  way of getting the                                                               
lost  premium tax  figure from  the  Division of  Insurance.   He                                                               
pondered using  the division's suggested amendment  but modifying                                                               
the  purchase  price  to  a   figure  that  meets  the  sponsor's                                                               
approval.   He considered  further amending  the bill  to exclude                                                               
home  warranty  sales,  which  would   force  the  department  to                                                               
determine  the true  amount of  the premium  tax loss.   He  also                                                               
mentioned excluding  automobile companies from the  provisions of                                                               
the  bill.   He  asked  Ms.  Moss if  that's  a  good approach  -                                                               
triggering a  fiscal note  and moving  the bill  on to  the House                                                               
finance committee.                                                                                                              
                                                                                                                                
Number 1709                                                                                                                     
                                                                                                                                
MS. MOSS replied  that she thinks that approach would  work.  She                                                               
noted that  Representative Coghill had discussed  a dollar amount                                                               
of  $20,000, not  $8,000, with  the Division  of Insurance.   She                                                               
cautioned that  $20,000 limit  might buy a  decent used  car, but                                                               
there are very few new cars that  can be bought for $20,000.  She                                                               
said $8,000 is too low a figure.                                                                                                
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  Ms.  Moss how  the sponsor  would                                                               
feel  about the  committee adding  amendments that  excluded home                                                               
warranties  and the  automobile companies,  thereby triggering  a                                                               
fiscal note.                                                                                                                    
                                                                                                                                
MS.   MOSS  said   Representative  Rokeberg   has  a   legitimate                                                               
suggestion  to get  the bill  to the  House finance  committee so                                                               
this issue  can be  resolved.   She said she  does not  think its                                                               
going to  attract a big  fiscal note, but  Representative Coghill                                                               
would be  willing to amend it  with a larger purchase  price than                                                               
$8,000 and send  it to finance committee to have  a discussion on                                                               
the fiscal impact.                                                                                                              
                                                                                                                                
Number 1744                                                                                                                     
                                                                                                                                
MS. MOSS, in reply to a  question from Vice Chair Lynn, said that                                                               
if a  bill triggers  a fiscal  note, when it  is read  across the                                                               
floor,  it would  be referred  to the  finance committee  where a                                                               
hearing would be scheduled.                                                                                                     
                                                                                                                                
REPRESENTATIVE   ROKEBERG  suggested   using   the  Division   of                                                               
Insurance's amendment but replacing the $8,000 with $20,000.                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD  pointed  out  that  the  $8,000  amount                                                               
served  the purpose  of limiting  the bill  to service  contracts                                                               
that cover consumer goods; he said  he didn't think that the bill                                                               
was intended to include automobiles and other high figure items.                                                                
                                                                                                                                
MS. MOSS  said HB 120  is intended to separate  service contracts                                                               
on  property  from  insurance;  the sponsor  views  them  as  two                                                               
different things, regardless  of the value of the  property.  She                                                               
said Representative Coghill is  compromising because he perceives                                                               
a policy on an automobile to be  a service contract on a piece of                                                               
property,  regardless of  whether the  property costs  $20,000 or                                                               
$50,000.  With a service contract,  there is no real risk tied to                                                               
a financial disaster; something on  the piece of property becomes                                                               
dysfunctional  for some  reason  and the  seller  of the  service                                                               
contract agrees to replace it or repair it.                                                                                     
                                                                                                                                
Number 1850                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  moved to  adopt Conceptual  Amendment 1,                                                               
which read,                                                                                                                     
                                                                                                                                
     Page 1, line 6, after "state"                                                                                              
     Insert  "where the  tangible  property  has a  purchase                                                                    
     price of $20,000  or less, exclusive of sales  tax.  In                                                                    
     this  subsection, 'tangible  property' means  household                                                                    
     consumer goods."                                                                                                           
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Number 1866                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  moved  Conceptual  Amendment  2,  which                                                               
read,                                                                                                                           
                                                                                                                                
     Page 1, line 5, after "service contract"                                                                                   
     Insert:  ", or home warranties"                                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG  explained the  purpose of  the amendment                                                               
was to  exclude the sale of  home warranties from the  purview of                                                               
the Department  of Community and  Economic Development.   He said                                                               
according to  Mr. Ridgeway's testimony,  such an  amendment would                                                               
require the  department to  describe any  cuts to  premium taxes,                                                               
thereby tripping a fiscal note  which would require a referral to                                                               
the House finance committee.                                                                                                    
                                                                                                                                
Number 1930                                                                                                                     
                                                                                                                                
CHAIR  LYNN asked  whether there  was any  objection to  adopting                                                               
Conceptual Amendment 2.  There being none, it was so ordered.                                                                   
                                                                                                                                
REPRESENTATIVE  ROKEBERG  discussed  another  possible  amendment                                                               
that would  exclude motor vehicle  sales activity from  the bill,                                                               
leaving it under the purview of the division.                                                                                   
                                                                                                                                
MS.  MOSS replied  that she  couldn't  answer for  Representative                                                               
Coghill because it was a new  concept.  She added that the Senate                                                               
intends  to   exempt  motor   vehicle  [service   contracts  from                                                               
insurance regulation].                                                                                                          
                                                                                                                                
REPRESENTATIVE  ROKEBERG said  in his  proposed third  conceptual                                                               
amendment, the motor vehicle activities  would be exempt from the                                                               
provisions  of HB  120.   He  said he  doesn't  intend to  delete                                                               
subsection (e) but wants to add a new subsection (f).                                                                           
                                                                                                                                
Number 2029                                                                                                                     
                                                                                                                                
MS. MOSS proposed  revising the language drafted  by the Division                                                               
of Insurance.   On line [5],  a period would be  placed after the                                                               
words  "means household  consumer goods".   She  suggested adding                                                               
the  words "In  this  subsection, 'service  contract' means"  and                                                               
then  continue  with  the  rest  of  the  language  in  HB  120's                                                               
subsection (e).  She repeated her  wording at the request of Vice                                                               
Chair Lynn and  Representative Rokeberg.  She  explained that all                                                               
the language in HB 120 would consist of subsection (e).                                                                         
                                                                                                                                
Number 2105                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  moved to  adopt Conceptual  Amendment 3,                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 1, line 8, after "money."                                                                                             
     Add:  "Motor vehicle sales and activities are excluded                                                                     
     from this subsection."                                                                                                     
                                                                                                                                
MS.  MOSS  asked for  clarification.    She  said that  if  motor                                                               
vehicle activities and sales are  excluded from subsection (e) of                                                               
the bill, that puts them back within Title 21, Insurance.                                                                       
                                                                                                                                
REPRESENTATIVE  ROKEBERG  confirmed  that's  what  the  committee                                                               
wants to do because that's the status quo.                                                                                      
                                                                                                                                
MS. MOSS  said that  the language  leaving motor  vehicle service                                                               
contracts  out of  the  bill  would probably  be  amended in  the                                                               
Senate.    She  said  if the  committee  excludes  motor  vehicle                                                               
contracts,  then  they  would  remain  under  the  regulation  of                                                               
insurance statutes.   She  said it's a  matter of  opinion [about                                                               
whether  motor vehicle  service  contracts are  regulated by  the                                                               
Division  of Insurance],  and it's  part of  the reason  for this                                                               
legislation.                                                                                                                    
                                                                                                                                
Number 2185                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  said he  still  wanted  to exclude  the                                                               
motor vehicle sales from this legislation.                                                                                      
                                                                                                                                
MS.  MOSS asked  for clarification  about whether  Representative                                                               
Rokeberg would exclude motor vehicles over the value of $20,000.                                                                
                                                                                                                                
REPRESENTATIVE   ROKEBERG  said   the  intention   of  Conceptual                                                               
Amendment  3  is  to  maintain the  current  status  [with  motor                                                               
vehicle  sales  of any  amount]  so  there  is oversight  by  the                                                               
Division of Insurance, with the  hopes of diminishing the size of                                                               
the  fiscal note.    He  said motor  vehicles  appear  to be  the                                                               
largest  area  of   premium  tax  impact.     He  suggested  that                                                               
automobile dealers would like to maintain the status quo.                                                                       
                                                                                                                                
Number 2222                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM  asked for  clarification on  where home                                                               
warranties   fall   [in   terms  of   regulation   and   consumer                                                               
protection].                                                                                                                    
                                                                                                                                
MS. MOSS said  that a list of statutes that  cover state contract                                                               
law was included in the bill packet last week.                                                                                  
                                                                                                                                
Number 2240                                                                                                                     
                                                                                                                                
REPRESENTATIVE GATTO  said he  was too confused  to vote  on this                                                               
amendment.   He  suggested  that  the amendment  or  the bill  be                                                               
rewritten so that the language is clearer.                                                                                      
                                                                                                                                
MS. MOSS suggested that the  committee adopt Conceptual Amendment                                                               
3 and then hear the committee's  next bill.  Staff could write up                                                               
the  three  conceptual  amendments  so the  committee  could  see                                                               
[later this afternoon] the bill's exact language.                                                                               
                                                                                                                                
Number 2290                                                                                                                     
                                                                                                                                
VICE CHAIR LYNN,  asked if there were any  objections to adopting                                                               
Conceptual  Amendment 3.   There  being no  objection, it  was so                                                               
ordered.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG clarified  that  Conceptual Amendment  3                                                               
excluded  vehicle  sales  from subsection  (e),  maintaining  the                                                               
status quo,  continuing oversight  by the Division  of Insurance.                                                               
Conceptual Amendment  2 excluded home warranties  [from oversight                                                               
by the Division  of Insurance].  Conceptual  Amendment 1 excluded                                                               
any service contracts up to $20,000.                                                                                            
                                                                                                                                
REPRESENTATIVE  GATTO  said  this  bill  needs  to  be  read  and                                                               
understood  by ordinary  people.   He  said his  concern is  that                                                               
people   will  read   these  exclusions   and  violate   the  law                                                               
unknowingly or get around the law deliberately.                                                                                 
                                                                                                                                
Number 2341                                                                                                                     
                                                                                                                                
VICE  CHAIR LYNN  ordered HB  120 held  over until  the committee                                                               
could see the rewritten paragraph.                                                                                              
                                                                                                                                
REPRESENTATIVE  CRAWFORD confirmed  that  Conceptual Amendment  3                                                               
passed without objection.                                                                                                       
                                                                                                                                
HB 162-INCREASE BUSINESS LICENSE FEE                                                                                          
                                                                                                                                
Number 2374                                                                                                                     
                                                                                                                                
VICE CHAIR LYNN announced that  the final order of business would                                                               
be HOUSE  BILL NO. 162,  "An Act increasing  the fee for  a state                                                               
business license; and providing for an effective date."                                                                         
                                                                                                                                
TAPE 03-20, SIDE B                                                                                                            
Number 2388                                                                                                                     
                                                                                                                                
EDGAR  BLATCHFORD,  Commissioner,  Department  of  Community  and                                                               
Economic  Development,   presented  HB  162  on   behalf  of  the                                                               
governor.   He  explained that  HB  162 represents  an effort  to                                                               
balance  the  budget.   The  legislation  increases the  business                                                               
license fee from $25 to $200 per  year; the fee is collected on a                                                               
biennial basis.   He acknowledged  that this is an  increase, but                                                               
the cost of a business license  has remained the same since 1949.                                                               
He reviewed  Alaska's growth in  population since 1940,  when the                                                               
population in  the Territory of  Alaska was 75,000; in  1950, the                                                               
population was 138,000,  a large percentage of  that number being                                                               
military personnel.   By the first full year  after statehood, in                                                               
1960, the population  was 230,000.  A business  license that cost                                                               
$25 in 1950, adjusted for inflation, would cost $188 in 2003.                                                                   
                                                                                                                                
COMMISSIONER  BLATCHFORD  said  that with  this  increase,  there                                                               
would  be an  estimated $8.5  million of  additional revenue  for                                                               
FY 04.   This would provide  general fund revenues for  a variety                                                               
of  state services,  including public  safety, road  maintenance,                                                               
and  education.    He  said  the  department  provides  technical                                                               
support  to  small,  medium,   and  large  businesses,  technical                                                               
assistance in  international trade, and assistance  to businesses                                                               
exporting  Alaska   products.    The  department   also  provides                                                               
important  Alaska economic  information.   He testified  that the                                                               
proposed fee is a very important  piece of the Governor's plan to                                                               
bring Alaska's house in order  while growing the overall economy.                                                               
He urged the committee to support HB 162.                                                                                       
                                                                                                                                
Number 2264                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked  Commissioner  Blatchford  if  he                                                               
would support changing the word "fee" to "tax" in the bill.                                                                     
                                                                                                                                
COMMISSIONER BLATCHFORD said no.                                                                                                
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked  about the  past  controversy  of                                                               
Alaskan businesses having to send  their business license fees to                                                               
an  address outside  Alaska.   He asked  if collections  could be                                                               
done within the state.                                                                                                          
                                                                                                                                
COMMISSIONER   BLATCHFORD  said   he   didn't   know  about   the                                                               
controversy but said he would respond in detail before tomorrow.                                                                
                                                                                                                                
Number 2170                                                                                                                     
                                                                                                                                
RONALD  JORDAN, Small  Business  Owner, described  himself as  an                                                               
Anchorage resident  for the past  30 years.   He testified  on HB
162, agreeing  that the  current fee for  a business  licenses is                                                               
too low;  he said  wouldn't object  to an increase.   He  said he                                                               
faxed  a proposal  to Representative  Rokeberg to  stair-step the                                                               
license fees  by the  number of  employees in  the business.   In                                                               
Washington  state, for  example, a  state business  license costs                                                               
$15,  but cities  such  as Leavenworth  have  their own  business                                                               
license fees.   He said that if the increase  remains as proposed                                                               
in HB 162, the $400 up-front biennial fee will stifle the start-                                                                
up of  many small enterprises.   He  proposed instead a  $100 fee                                                               
for [a new business in] the first  year.  The State of Alaska can                                                               
access  the  number  of  employees  by  checking  the  business's                                                               
Quarterly  Contribution Reports  filed  [with  the Department  of                                                               
Labor & Workforce Development].                                                                                                 
                                                                                                                                
Number 2111                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG noted  that  there's  an amendment  from                                                               
Chair  Anderson  with  a  step-up  fee based  on  the  number  of                                                               
employees in  the business.   Representative Rokeberg  noted that                                                               
he  had  prepared  a  possible   amendment  with  step  increases                                                               
starting at  $25 a  year with gross  receipts less  than $25,000,                                                               
ranging up  to $200 for  businesses with gross  receipts $200,000                                                               
or more.                                                                                                                        
                                                                                                                                
Number 2031                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  noted that  Mr.  Jordan  has started  a                                                               
number  of successful  businesses in  Anchorage.   He asked  if a                                                               
small business with few employees  and small gross receipts would                                                               
be discouraged from even starting a business.                                                                                   
                                                                                                                                
MR. JORDAN  replied that  the bigger entities  like BP  or Alaska                                                               
Airlines have  a bigger  business base [and  can afford  a higher                                                               
fee].  Alaska is made up of a  lot of small businesses, and for a                                                               
person just  starting up, when  the first  year or two  is really                                                               
tight, $200 to $300 can make all the difference.                                                                                
                                                                                                                                
Number 1917                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked  Commissioner Blatchford whether he                                                               
had considered  a graduated  tax scheme.   He  also asked  him to                                                               
speak  to  the  concern  about small  businesses  not  getting  a                                                               
license because the cost is too high.                                                                                           
                                                                                                                                
COMMISSIONER BLATCHFORD said the $400  biennial fee appears to be                                                               
a healthy  increase from the  $25 annual fee.   He said  that his                                                               
staff will look at a graduated tax if the committee requests it.                                                                
                                                                                                                                
COMMISSIONER   BLATCHFORD,  in   response   to   a  question   by                                                               
Representative Lynn,  said the administration looked  at the most                                                               
agreeable  fee  that would  be  easily  applied in  an  equitable                                                               
fashion.   He said that raising  the fee from $25  to $200 seemed                                                               
like a logical step.                                                                                                            
                                                                                                                                
Number 1842                                                                                                                     
                                                                                                                                
REPRESENTATIVE   ROKEBERG  reiterated   that  the   committee  is                                                               
considering two possible amendments [using  a graduated fee].  He                                                               
asked the  commissioner about  the ease  of verifying  either the                                                               
number of employees or gross receipts for a business.                                                                           
                                                                                                                                
COMMISSIONER  BLATCHFORD  said  he  would check  with  staff  and                                                               
respond to  the committee  by tomorrow  afternoon; he  could then                                                               
tell the committee  how much information he  would have available                                                               
and how complete it would be.                                                                                                   
                                                                                                                                
Number 1770                                                                                                                     
                                                                                                                                
DAVE  JANKA, Owner/operator,  Auklet Charter  Services, testified                                                               
that he  does not support HB  162 as presently written.   He does                                                               
support a  graduated system  of fees.   He  said the  $175 annual                                                               
increase  will  make  a  big  difference  for  an  owner-operated                                                               
business that is  seasonal with a part-time employee.   All these                                                               
fees  --   the  city   business  license,   the  Fish   and  Game                                                               
registration --  add up for a  small business.  He  described how                                                               
the fees  for the Alaska  Travel Industry  Association membership                                                               
and  the  Department   of  Fish  and  Game   vessel  license  are                                                               
calculated on  a graduated  basis.  He  agreed that  the business                                                               
license fee is really  a tax.  He said that  when he receives his                                                               
business  license  he  would like  information  that  shows  what                                                               
services  he  gets  when  he  pays   his  fee.    For  the  small                                                               
owner/operator, one  to five employees,  he suggested a  $30 fee.                                                               
A business  with 200 or  300 employees  should be paying  $500 to                                                               
$700.                                                                                                                           
                                                                                                                                
Number 1647                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked  Mr.  Janka if  he  thought  that                                                               
people wouldn't  get a license if  the fee were too  high.  Would                                                               
it  be  better to  have  a  lower  initial  rate for  a  start-up                                                               
business?                                                                                                                       
                                                                                                                                
MR.  JANKA  recalled his  past  experience  starting a  part-time                                                               
photography  business, for  which he  bought the  state and  city                                                               
business  licenses.   If the  fee had  been $200,  he would  have                                                               
taken pictures  and accepted cash  without paying for  a business                                                               
license.  He estimated that many people would do that.                                                                          
                                                                                                                                
Number 1591                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUTTENBERG asked Mr.  Janka the difference between                                                               
a tax and a fee.                                                                                                                
                                                                                                                                
MR. JANKA said a tax goes  into the general fund for operation of                                                               
state  services; a  fee pays  for  the delivery  of a  [specific]                                                               
service.                                                                                                                        
                                                                                                                                
Number 1547                                                                                                                     
                                                                                                                                
RICK  URION,   Director,  Division  of   Occupational  Licensing,                                                               
Department  of Community  & Economic  Development, addressed  the                                                               
question about  whether it  would be easier  to base  a graduated                                                               
license fee on  gross sales or the number of  employees.  He said                                                               
the number of employees was  the far easiest method because every                                                               
employer  in   the  state  is   required  to  file   a  Quarterly                                                               
Contribution  Report with  the Department  of  Labor &  Workforce                                                               
Development.  He said those numbers are available.                                                                              
                                                                                                                                
Number 1496                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  agreed  that  it's  best  to  keep  the                                                               
[criteria]  simple; he  noted  that a  business's  gross and  net                                                               
income depends  on its  accountant.   He asked  Mr. Urion  if the                                                               
[Division  of  Occupational   Licensing]  collects  the  business                                                               
license  fee  and if  he  was  asked  to research  the  increased                                                               
business license fee before the legislation was drafted.                                                                        
                                                                                                                                
MR.  URION explained  that  he was  not asked  in  advance to  do                                                               
research  but  since  the  bill   has  been  introduced,  he  has                                                               
researched different variables.                                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked Mr. Urion's opinion  about whether                                                               
a  graduated scale  would generate  more income  if it  were more                                                               
affordable for entry-level businesses.                                                                                          
                                                                                                                                
MR. URION said he can only  speculate about how many people would                                                               
not buy the  $200 licenses.  He said it's  also speculation as to                                                               
how many people today don't buy the $25 business license.                                                                       
                                                                                                                                
REPRESENTATIVE  ROKEBERG suggested  that this  question could  be                                                               
answered  using economic  analysis.   He posited  that the  state                                                               
would  collect more  income from  the lower  stratum of  economic                                                               
activity if the fee were reasonable.                                                                                            
                                                                                                                                
Number 1362                                                                                                                     
                                                                                                                                
VICE CHAIR LYNN  asked how many businesses might drop  out on the                                                               
top end of a graduated scale.                                                                                                   
                                                                                                                                
MR.  URION  said  he  learned  from the  Department  of  Labor  &                                                               
Workforce Development that about  65,773 licenses, or 90 percent,                                                               
are for  businesses with 0  to 4 employees.   About 8  percent of                                                               
licensed businesses  employ 5  to 19 workers;  and 2  percent, or                                                               
15,062 employers, have  20 or more employees.   He estimated that                                                               
no large employers would drop out because of a $200 fee.                                                                        
                                                                                                                                
Number 1273                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to  adopt  Amendment  A.1  [23-                                                               
GH1102\A.1, Bannister, 3/12/03], which reads:                                                                                   
                                                                                                                                
     Page 1, lines 4 - 5:                                                                                                       
          Delete all material and insert:                                                                                       
      "* Section. 1.  AS 43.70.030(a) is amended to read:                                                                   
          (a)  The license fee for each business [IS $25]                                                                       
     per year is                                                                                                            
               (1)  $50 if the business had not more than                                                                   
        five employees at any time during the preceding                                                                     
     calendar year;                                                                                                         
               (2)  $100 if the business had at least six                                                                   
     but not more than 25 employees at any time during the                                                                  
     preceding calendar year;                                                                                               
           (3)  $200 if the business had more than 25                                                                       
      employees at any time during the preceding calendar                                                                   
     year."                                                                                                                 
                                                                                                                                
VICE CHAIR LYNN described the amendment.                                                                                        
                                                                                                                                
Number 1238                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG objected for  purposes of discussion.  He                                                               
said he approved  of this approach but was shocked  to learn that                                                               
90 percent of the businesses in  the state have 0 to 4 employees.                                                               
He suggested that  for large corporations with  only one employee                                                               
in Alaska,  the license fee should  be based on a  combination of                                                               
employees and  gross receipts.   Most small businesses,  with 0-1                                                               
employee would  be on the  low end; the next  step up would  be 2                                                               
employees.   He  favors  the approach  using  the employee  count                                                               
because it's readily available.   He suggested that the committee                                                               
could adopt the  proposed Amendment A.1, then put  the bill aside                                                               
and ask the department to do its research.                                                                                      
                                                                                                                                
Number 1133                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUTTENBERG asked what kind  of a business has zero                                                               
employees.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG  reiterated how a large  corporation with                                                               
zero employees  could do millions  of dollars of business  in the                                                               
state;  he asked  whether the  legislature wants  to exempt  this                                                               
type  of  business  from  a  higher business  license  fee.    He                                                               
cautioned that if legislators created  a graduated fee structure,                                                               
they still  need to raise  $8.5 million in  revenue.  For  the 90                                                               
percent of  the business licenses,  there clearly has to  be some                                                               
kind of an  increase to meet the governor's goal  of $8.5 million                                                               
in new revenue.  Small business  is the backbone of the state, he                                                               
said.                                                                                                                           
                                                                                                                                
VICE  CHAIR LYNN  asked Representative  Rokeberg if  he withdraws                                                               
his objection for purposes of adopting the amendment.                                                                           
                                                                                                                                
Number 1055                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG moved to  amend proposed Amendment A.1 to                                                               
change the  "five employees" on  line 5  to "two employees".   He                                                               
then  immediately withdrew  his proposed  amendment to  Amendment                                                               
A.1.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  ROKEBERG withdrew  his objection  to adoption  of                                                               
Amendment  A.1 and  proposed that  HB 162  be held  over for  the                                                               
administration to use a graduated scale.                                                                                        
                                                                                                                                
Number 0980                                                                                                                     
                                                                                                                                
VICE CHAIR  LYNN asked if  there were any objections  to adoption                                                               
of Amendment A.1.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
VICE CHAIR LYNN said HB 162 will be held over.                                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG said it's  important for the committee to                                                               
give the  administration direction on how  to revise HB 162.   He                                                               
asked  Mr. Urion  to give  members copies  of his  report showing                                                               
breakouts of  business licenses by  the number of employees.   He                                                               
said there are  two ways to [raise the revenue]:   try to [retain                                                               
a single  fee amount] or reduce  the fee amount [according]  to a                                                               
schedule  that makes  sense.    The committee  needs  to tie  its                                                               
decision  to some  data and  may need  to make  some distinctions                                                               
between small  businesses with 0-1  person and businesses  with 2                                                               
or 3 employees.   He said his own business  employs 20 people but                                                               
grosses less than  $1 million; he couldn't afford an  $800 a year                                                               
business  license in  order to  help raise  the [governor's  $8.5                                                               
million goal].   On  the other  hand, he  added, if  a business's                                                               
gross receipts  exceeded $10 million,  that business would  be at                                                               
the high end [of the graduated scale].                                                                                          
                                                                                                                                
Number 0872                                                                                                                     
                                                                                                                                
MR.  URION  said his  division  would  be  happy to  provide  any                                                               
research  the committee  would  like.   He  said his  supervisors                                                               
confirmed that they were not wedded  to HB 162 as it is currently                                                               
written.                                                                                                                        
                                                                                                                                
Number 0837                                                                                                                     
                                                                                                                                
MIKE WINDRED,  Director of Operations, Alaska  Travel Adventures,                                                               
noted that his  company has five business licenses.   He spoke in                                                               
favor of HB  162 and said he favored the  simplicity of the bill.                                                               
If the  system becomes complicated  - whether its  gross receipts                                                               
or  the number  of employees  - the  bill will  require a  larger                                                               
fiscal note.  Now, everybody pays  the same amount for a business                                                               
license  and its  very  easy for  the state  to  administer.   He                                                               
researched what other  states do and noted that  most states have                                                               
an application fee, for example,  the State of Washington charges                                                               
$15.    But in  Washington  state,  the actual  business  license                                                               
varies  according to  the  type  of business:    $30  for an  egg                                                               
handler and $700  for a cabaret in Bellevue.   Alaska's system is                                                               
simple and straightforward and he  urged the committee to keep it                                                               
so.   He  said  his company  is  a member  of  the Alaska  Travel                                                               
Industry Association, in which 95  percent of the businesses have                                                               
fewer than  5 employees.   He calculated that because  90 percent                                                               
of businesses  in Alaska  are small businesses,  if the  $200 fee                                                               
were cut in  half [because of businesses refusing  to renew their                                                               
licenses],  the state  would lose  $3.6 million  in revenue.   To                                                               
make up the lost $3.6  million off [the remaining] 7,500 business                                                               
licenses, the  state would have to  charge a very large  fee.  He                                                               
urged the committee not to put too  big a burden on any one group                                                               
of businesses.                                                                                                                  
                                                                                                                                
Number 0702                                                                                                                     
                                                                                                                                
KEITH  MONTGOMERY,  Owner,  Montgomery Construction,  a  business                                                               
license  to  do  small  jobs,  got  a  handy  man's  contractor's                                                               
license, and  paid $1,000 for  a bond.   His wife has  a business                                                               
license to do childcare for one  child.  Both businesses are sole                                                               
proprietorships.   He  called HB  162  the labor  tax because  it                                                               
taxes working people, one  big shot at a time.   He said he might                                                               
work under  the table  if HB  162 passed,  but he  wants to  be a                                                               
responsible citizen and to pay his  own way.  He would be willing                                                               
to pay an increased fee, but $200  a year each is too much for he                                                               
and  his wife.    He said  he's also  taking  classes towards  an                                                               
occupational  health  and safety  certification  wants  to get  a                                                               
license for that work.  He  suggested a fee of $50 for businesses                                                               
with 0 to 2  people.  He said he wants to be  able to accept work                                                               
and to  give his  customers invoices and  receipts for  their tax                                                               
purposes.                                                                                                                       
                                                                                                                                
MR.  MONTGOMERY  responded  to  a  question  from  Representative                                                               
Rokeberg about whether  he works another job.   He explained that                                                               
he   is   a  skilled   carpenter   and   completed  a   four-year                                                               
apprenticeship; he  works for a  contractor.  He earns  $10,000 a                                                               
year  or  less through  his  handy-man  license.   He  said  [his                                                               
construction business] helps feed four future voters of Alaska.                                                                 
                                                                                                                                
Number 0424                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked  Mr. Montgomery  how  his  family                                                               
would handle buying two business licenses at once for $800.                                                                     
                                                                                                                                
MR. MONTGOMERY agreed that the $800  would be a big hit and might                                                               
cause  him to  take his  work "underground."   He  said he  loves                                                               
woodworking and would continue to do  it.  He said that the [$200                                                               
annual] cost  is very steep  for [small businesses] that  want to                                                               
do the right thing.                                                                                                             
                                                                                                                                
Number 0318                                                                                                                     
                                                                                                                                
VICE  CHAIR LYNN  said today's  testimony on  HB 162  was a  good                                                               
example  of how  citizens can  help  the committee  do its  work.                                                               
There being  no other witnesses,  he closed public  testimony for                                                               
the day.  He announced again that HB 162 would be held over.                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
5:35 p.m.                                                                                                                       

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