Legislature(1997 - 1998)

03/12/1997 01:37 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        HOUSE BILL NO. 63                                                      
                                                                               
             "An Act extending the motor fuel tax exemption for fuel           
             sold for use in jet propulsion aircraft to fuel used in           
             those aircraft for flights that continue from a foreign           
             country; and providing for an effective date."                    
                                                                               
        KIM   ROSS,   EXECUTIVE   DIRECTOR,  ALASKA   AIR   CARRIERS           
        ASSOCIATION,  ANCHORAGE  testified  via  the  teleconference           
                                                                               
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        network.  She  read from written  testimony (copy on  file).           
        She maintained that HB 63 would  provide a tax exemption for           
        a few select air carriers.   She stated that the legislation           
        could be unfair and encourage misuse and manipulation of the           
        Anchorage Foreign Trade Zone.                                          
                                                                               
        Ms.  Ross  expressed concerned  that  HB 63  would adversely           
        impact Alaska's local domestic airline  industry.  She noted           
        that the  domestic industry is  made up of  a wide range  of           
        companies, based  in Alaska,  that provide  service to  bush           
        communities and larger cities.                                         
                                                                               
        Ms. Ross asserted that if HB 63 goes into  effect, the State           
        of Alaska would lose  approximately $4 - $5 million  dollars           
        in annual  revenues.   She maintained  that this  revenue is           
        earmarked  for  rural  airport  maintenance  and  operations           
        costs.  She  alleged that this would amount to  a 25 percent           
        loss of Alaska's annual budget for operation and maintenance           
        at rural airports.                                                     
                                                                               
        Ms. Ross acknowledged  that Alaska  does not have  dedicated           
        funding, but asserted that "earmarking  funds" is a reality.           
        She  maintained  that  a  $4  -  $5 million  dollar  a  year           
        shortfall would  result in  increased "user  fees", such  as           
        airport land lease rates and landing  fees.  She stated that           
        increased costs cannot be absorbed by the domestic industry.           
        She asserted that local Alaskan operators would be forced to           
        pass on increased costs to the flying public and shippers.             
                                                                               
        Ms.  Ross  acknowledged  that:    "Our  State  is  facing  a           
        monstrous  fiscal  gap."   She  questioned  how  the general           
        public would respond if  they knew that the Legislature  was           
        considering elimination of an existing tax base.  She stated           
        that, "In essence,  our State would be  giving away $4 -  $5           
        million  dollars  in  revenue, funds  that  are  critical to           
        continued airport operations in rural Alaska."                         
                                                                               
        Ms. Ross  maintained that Kurt Parkan,  Deputy Commissioner,           
        Department of  Transportation and Public  Facilities stated,           
        before  the  House Transportation  Committee,  that $4  - $5           
        million dollars would  come out  of the General  Fund.   She           
        acknowledged that Mr.  Parkan added that there  is, "no tie,           
        no link", between  fuel tax revenues  and the Department  of           
        Transportation  and  Public  Facilities'  budget  for  rural           
        airport maintenance and operations.  She pointed out that AS           
        43.40.010(e) states:                                                   
                                                                               
                  "... proceeds  of the taxes  on aviation                     
                  fuel  shall  be  paid   into  a  special                     
                  aviation fuel  tax account in  the state                     
                  general  fund.    The   legislature  may                     
                  appropriate funds from this  account for                     
                                                                               
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                  aviation facilities."                                        
                                                                               
        Ms. Ross  observed  that CSHB  256 (TRAN),  passed in  1994,           
        added a  .07 cent  aviation fuel  tax.  She  added that  the           
        legislation's preamble stated that:                                    
                                                                               
             "The purpose  of this  Act is  to increase  the tax  on           
             aviation gasoline in an amount substantially comparable           
             to the amount that would be derived from the Department           
             of Transportation and Public Facilities reimposition of           
             landing fees at  rural state operated airports,  and to           
             leave this increased tax  in place only so long  as the           
             commissioner of Department of Transportation and Public           
             Facilities  does  not, before  January 1,  2000, impose           
             landing fees  at those airports  at a higher  rate than           
             was in effect on January 1, 1994."                                
                                                                               
        Ms.  Ross asserted that  the legislative intent  of CSHB 256           
        (TRAN)  was to provide a  funding source for "shortfalls" in           
        rural  airports  maintenance and  operations  budgets.   She           
        noted that  the 1994  fuel tax  increase was  in  lieu of  a           
        proposed  landing  fee  program,   which  would  have   cost           
        approximately 40 cents on the dollar to administer.                    
                                                                               
        Ms.  Ross provided  members  with "Projected  Revenue  Flow"           
        charts, used by the Department  of Transportation and Public           
        Facilities to justify the 1994 tax hike (copy on file).  She           
        maintained that the charts further  depict the "tie" between           
        aviation  fuel  taxes  and  rural  airport  maintenance  and           
        operations budgets.                                                    
                                                                               
        Ms. Ross observed arguments that HB  63 will create a "level           
        playing field".   She questioned if the  playing field needs           
        to be leveled.   She asserted that the cost to  ship foreign           
        fuel to Anchorage offsets any tax advantage.  She noted that           
        fuel weighs 6-7 pounds per gallon.                                     
                                                                               
        Ms. Ross asked:  "What happens if a refinery in Saudi Arabia           
        develops a new process that enables it to refine fuel 5  per           
        gallon cheaper than MAPCO can?  How do we again re-level the           
        playing field for MAPCO?"                                              
                                                                               
        Ms. Ross quoted  a MAPCO  press release  to demonstrate  the           
        company's soundness:  "MAPCO Reports All-Time  Record Fourth           
        Quarter and  Annual EPS  From Continuing  Operations."   She           
        observed that MAPCO reported a  record year, increased sales           
        volumes at  both the Memphis  and Alaska refineries,  and an           
        annual operating profit of $63.9 million dollars for 1996.             
                                                                               
        Ms. Ross disputed statements  by Deputy Commissioner  Parkan           
        that  competition from Vancouver,  Seattle, Portland and the           
        Russian Far East  make it  necessary for  Alaska to  develop           
                                                                               
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        incentives  to  retain   and  attract  international   cargo           
        carriers.  She  observed that each additional  air mile adds           
        to  the  fuel  and  operating  costs  of  the  airplane  and           
        displaces  cargo at  20  to $1  per pound.   She stated that           
        "compared to these additional  costs, a 3.2  per gallon  tax           
        giveaway is insignificant."                                            
                                                                               
        Co-Chair Therriault responded to comments  made by Ms. Ross.           
        He observed that  the legislation would not  impact attempts           
        by the Majority to reduce the budget by $60 million dollars.           
        He  observed  that  there  will  be  a  $60  million  dollar           
        reduction in spending.  The legislation impacts revenues not           
        spending.                                                              
                                                                               
        Co-Chair  Therriault observed  that  the  fiscal  impact  is           
        approximately $2.8 million dollars.   Ms. Ross estimated the           
        impact  at  $4  - $5  million  dollars.    He observed  that           
        legislation has not  been introduced to raise  landing fees.           
        He did not  anticipate that legislation would  be introduced           
        to raise landing fees.                                                 
                                                                               
        In response  to comments  by Ms.  Ross, Co-Chair  Therriault           
        stated that it is  not appropriate for the State  to "level"           
        the playing field when  the playing field is in  the private           
        sector.  He maintained that it  is appropriate for the State           
        to  level   the  playing  field   when  there  is   a  state           
        governmental imposed tax,  that is only imposed  on in-state           
        refineries.                                                            
                                                                               
        Co-Chair  Therriault referred to  Ms. Ross' testimony before           
        the House Transportation Committee on 1/24/97:                         
                                                                               
             "We  sympathize   with  Alaska's  oil   refineries  and           
             understand that  they are  struggling  to compete  with           
             fuel suppliers that take advantage of loopholes written           
             into the Foreign Trade Zone (FTZ) rule book.  But let's           
             fix the problem, not massage the symptoms."                       
                                                                               
        Co-Chair Therriault  observed that  Ms. Ross  felt that  the           
        Department  of   Revenue  should   be  more   aggressive  in           
        collecting the tax  and indicated that consumers  should sue           
        the State if they thought the tax was incorrectly collected.           
        He  quoted  from a  letter to  Co-Chair Hanley  from Deborah           
        Vogt, Department of Revenue:                                           
                                                                               
             "I'm  confident that  the  conclusions reached  by  our           
             staff are correct, and that  we must continue to exempt           
             fuel used in foreign commerce  that is run through  the           
             FTZ."                                                             
                                                                               
        Co-Chair Therriault added that Jack Chenoweth,  Alaska Legal           
        Services stated that:                                                  
                                                                               
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             "I conclude that it is more probable than not, that the           
             Federal  Court, using  preemption  analysis, would  not           
             hesitate to invalidate a state tax, such as that excise           
             tax on jet  fuel.   For that reason,  I would  conclude           
             that the Department  of Revenue presents  the position,           
             that more likely  than not, would  be sustained by  the           
             Court, if the questions were eventually litigated."               
                                                                               
        Co-Chair Therriault summarized  that the State would  not be           
        able to collect  the tax.  He  pointed out that MAPCO  had a           
        good year based  on strong  margins in  the mid  South.   He           
        observed that  MAPCO's press  release did  not say  anything           
        about strong  margins for  the refinery  in  Fairbanks.   He           
        maintained that the  jet fuel market is  pretty competitive.           
        He  stated  that  the solution  of  collecting  the tax  and           
        litigating appears to be a "legal looser" for the State.  He           
        noted that the  tax was collected, deposited in  the General           
        Fund and spent on rural airports.                                      
                                                                               
        Representative  Martin  noted that  there are  no guarantees           
        that a bill will not be introduced to increase landing fees.           
                                                                               
                                                                               
        Co-Chair  Therriault reiterated  that  tax collection  as  a           
        solution has been exhausted.  He observed that every unit of           
        production,  jet fuel or  gasoline, has a  certain amount of           
        fixed  cost.  He maintained  that if the increase production           
        of  jet  fuel is  discouraged then  the  fixed cost  will be           
        shifted to gasoline over heating oil.                                  
                                                                               
        In  response   to  a  question   by  Representative  Martin,           
        Representative  Davies clarified  that  the Alaska  Railroad           
        charges for hauling fuel.                                              
                                                                               
        Representative  Grussendorf  asked   if  the  Department  of           
        Transportation and Public Facilities can demonstrate that no           
        linkage exists.                                                        
                                                                               
        KURT    PARKAN,    DEPUTY   COMMISSIONER,    DEPARTMENT   OF           
        TRANSPORTATION AND PUBLIC  FACILITIES stated that  the proof           
        that there is no functional linkage between fuel tax and the           
        Department's  budget  is  contained in  the  proposed  FY 98           
        operation  budget short-form.  He observed  that there is no           
        reference to the tax as a fund source.  He acknowledged that           
        there is a perceived  connection based on the fact  that the           
        money goes  into the  General Fund  and the  legislature may           
        expend money from that for airports.                                   
                                                                               
        In  response  to a  question  by Representative  Davies, Mr.           
        Parkan estimated that approximately $20 million  dollars was           
        spent on rural airports.                                               
                                                                               
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        Co-Chair  Therriault  pointed out  that  the tax  impact has           
        dropped.                                                               
                                                                               
        BILL  SCHOEPHOESTER,  DIRECTOR,  ALASKA  STATE  CHAMBER   OF           
        COMMERCE testified in support of HB  63.  He maintained that           
        the  legislation  will  fix  a  problem that  gives  foreign           
        businesses  an   advantage  over  Alaskan  businesses.    He           
        observed  that   Foreign   Trade  Zones   (FTZ)  have   been           
        established to  encourage value-added  processing in  Alaska           
        for items bound for foreign destinations.  There are several           
        FTZ locations in Alaska, including  Anchorage.  During 1996,           
        several loads  of foreign  refined  jet fuel  came into  the           
        Anchorage  Airport  fueling system  for  use under  the FTZ.           
        Because of  its foreign  status, this  fuel was  exempt from           
        state  fuel taxes, allowing it to be  sold at a lower price.           
        He maintained that in-state refiners  are at a disadvantage.           
        Tax-free foreign  jet  fuel can  be  sold in  any FTZ.    He           
        asserted  that  the  objective  in  promoting  international           
        flights in Alaska is to promote Alaskan business.                      
                                                                               
        Representative Martin noted that refineries receive a credit           
        for  gasohol.   He  observed  that  Anchorage  is  the  only           
        community that uses gasohol year-around.                               
                                                                               
        Mr. Schoephoester stated that the  State Chamber of Commerce           
        looks at HB 63  as a fix to  unequal taxation of  businesses           
        competing  in  the  same  market.     Representative  Martin           
        responded that  MAPCO receives  a lot  of state  subsidizes.           
        Mr. Schoephoester stressed that he  supports FTZ's when they           
        are used for value-added products.  He maintained that there           
        is no value-added product.   He asserted that a  loophole in           
        the FTZ provision is being used to gain a tax advantage.               
                                                                               
        In  response  to  comments  by  Representative  Martin,  Mr.           
        Schoephoester observed  that the  State of  Alaska does  not           
        produce enough jet  fuel to fill  its needs.  He  reiterated           
        that there  are two different  groups competing in  the same           
        market, selling the same product  to the same customer,  one           
        is taxed and one is not taxed.                                         
                                                                               
        Co-Chair Therriault observed that the motoring public in the           
        State of Alaska, except  for those in Anchorage, pays  a tax           
        to help  support  the  road  network.   He  emphasized  that           
        Anchorage is not being asked to pay a new tax.  Anchorage is           
        only being asked  to pay the same  tax that the rest  of the           
        state pays, "not a penny more and not a penny less, just the           
        same tax."                                                             
                                                                               
        HB 63 was HELD in Committee for further consideration.                 

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