Legislature(2001 - 2002)

02/06/2002 01:43 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SUMMARY                                                                                                                       
                                                                                                                                
HB 225    An Act relating to municipal taxation of alcoholic                                                                    
          beverages and increasing the alcoholic beverage                                                                       
          tax rates.                                                                                                            
                                                                                                                                
          HB 225 was HEARD and HELD in Committee for further                                                                    
          consideration.                                                                                                        
                                                                                                                                
HOUSE BILL NO. 225                                                                                                            
                                                                                                                                
     An Act relating to municipal taxation of alcoholic                                                                         
     beverages and increasing the alcoholic beverage tax                                                                        
     rates.                                                                                                                     
                                                                                                                                
Co-Chair Williams stated that public testimony was closed on                                                                    
HB 225.                                                                                                                         
                                                                                                                                
Representative Hudson asked if it was the intent of the                                                                         
Committee Chair to move the bill from Committee.                                                                                
                                                                                                                                
Co-Chair Williams stated that it was his intent to take                                                                         
testimony only from the sponsor of the bill.                                                                                    
                                                                                                                                
REPRESENTATIVE LISA MURKOWSKI  voiced her appreciation to the                                                                   
Chair  for his willingness  to  take HB 225  back before  the                                                                   
Committee.   She  explained that  she intended  to honor  the                                                                   
commitment  and hard work  of all  those involved in  getting                                                                   
the increase  on the  alcohol excise tax.   She implored  the                                                                   
Committee to move HB 225.                                                                                                       
                                                                                                                                
Representative Murkowski  concurred that there  should not be                                                                   
any additional testimony taken  at this time in regard to all                                                                   
the input  from last  session  and during the  interim.   She                                                                   
understood  that members  on the Committee  had already  made                                                                   
individual  decisions regarding  the bill,  but she  stressed                                                                   
that alcohol has costly and negative effects on Alaskans.                                                                       
                                                                                                                                
Currently,  $12 million dollars  a year  is brought  into the                                                                   
State coffers  with the  current excise tax.   That  money is                                                                   
used to  offset the cost that  alcohol incurs to  the general                                                                   
fund in the amount  of $250 million dollars per  year.  There                                                                   
is a huge cost associated with  the use of alcohol in Alaska.                                                                   
She pointed out  that Alaska has the highest  rate of alcohol                                                                   
related deaths  of any  state in  the Union.   Representative                                                                   
Murkowski continued,  in the  Bush Alaska communities,  there                                                                   
is  7  times  the  national  average  of  deaths  related  to                                                                   
alcohol.                                                                                                                        
                                                                                                                                
She  stressed  that  there is  public  recognition  that  the                                                                   
alcohol excise  tax should be  increased.  On any  given day,                                                                   
there  are  300  people  waiting  to get  into  any  type  of                                                                   
treatment  and  alcohol  recovery  program.    Representative                                                                   
Murkowski acknowledged that there  are good laws on the books                                                                   
in the State of Alaska, however,  if there is no funding, the                                                                   
best laws simply do not work.                                                                                                   
                                                                                                                                
An  increase of  the  alcohol excise  tax  would benefit  the                                                                   
State.   She  advised  that HB  225 could  be  viewed in  two                                                                   
different  categories.   First,  it  could  be viewed  as  an                                                                   
opportunity  to  further  fund  treatment  programs  or  with                                                                   
the  State  in its  current  fiscal  situation; it  could  be                                                                   
incorporated  into a  long-range fiscal  plan, however.   She                                                                   
added that a fiscal plan could  help but also complicates the                                                                   
movement of this bill.                                                                                                          
                                                                                                                                
Representative  Murkowski discussed that  HB 225  could stand                                                                   
on its own  or it could work  as part of a fiscal  plan.  She                                                                   
maintained that the  bill should not be held  up in Committee                                                                   
because  there is  not a  fiscal plan  on the  table at  this                                                                   
time.   She pointed  out that when  speaking with  those that                                                                   
are  actively  working  on developing  a  plan,  the  alcohol                                                                   
excise  tax   increase  always   factors  into  the   scheme.                                                                   
Representative  Murkowski noted  that the  Long Range  Fiscal                                                                   
Policy  Caucus  includes  it  as  part  of  their  plan;  the                                                                   
Governor, in  the State-of-the-State  address included  it in                                                                   
part  of his  plan.   In  the Senate,  where  they have  been                                                                   
reluctant  to  come forward  with  any plan,  Senator  Donley                                                                   
indicated that  it should  be part of  that plan.   She urged                                                                   
that  HB 225  not be  bogged down  in  the game  and name  of                                                                   
politics.                                                                                                                       
                                                                                                                                
Representative Murkowski  voiced her concern that  an alcohol                                                                   
tax  based plan  could be  left  out of  a long-range  fiscal                                                                   
plan.  Presently,  only one revenue bill, House  Bill #3, has                                                                   
passed out of the House.  She  hoped that HB 225 could be the                                                                   
second revenue  measure that  passes.  In  order for  that to                                                                   
occur, it must be moved from the House Finance Committee.                                                                       
                                                                                                                                
Representative    Murkowski   advised    that   the    public                                                                   
overwhelmingly  supports an  increase to  the alcohol  excise                                                                   
tax.   If the  House cannot demonstrate  their commitment  to                                                                   
moving  through  an alcohol  excise  tax,  how could  a  full                                                                   
revenue  package ever  be  moved.   She  encouraged that  the                                                                   
legislation  be  taken  on  the  merits  of  its  own  value.                                                                   
Representative Murkowski requested  that members consider the                                                                   
legislation and  provide the opportunity  to move  it through                                                                   
the process.                                                                                                                    
                                                                                                                                
Vice-Chair  Bunde MOVED  to  ADOPT Amendment  #1.   [Copy  on                                                                   
file.]   He  interjected that  the  bill would  not stop  the                                                                   
problems arising  with drinkers.   He stressed that  the bill                                                                   
is a tax  bill and that it  would raise revenues.   He stated                                                                   
that the entire  State is affected by alcohol  abuse and that                                                                   
everyone in the State should pay to treat alcohol abuse.                                                                        
                                                                                                                                
The  amendment would  include an  income tax,  sales tax  and                                                                   
corporate  income tax  to help  raise revenues.   He  advised                                                                   
that  a  piece-meal  plan  singling  out  one  industry  over                                                                   
another  cannot  be happen.  He  recommended  that the  State                                                                   
adopt a broader scope.                                                                                                          
                                                                                                                                
Vice-Chair Bunde hesitated in  submitting the amendment as he                                                                   
felt that there  needs to be other mechanisms  limiting State                                                                   
spending.    He   reiterated  that  there  should   be  other                                                                   
opportunities within  the State.  He believed  that the State                                                                   
will  need to  use  the excess  earnings  from the  Permanent                                                                   
Fund.  He  agreed with using  the alcohol excise tax  to help                                                                   
with  the  revenue  source and  supported  a  larger  revenue                                                                   
package.                                                                                                                        
                                                                                                                                
Co-Chair Williams OBJECTED to Amendment 1.                                                                                      
                                                                                                                                
Representative  Whitaker spoke in  support of the  amendment.                                                                   
He commented  that  the issue  of public taxes  has not  been                                                                   
significantly  debated  in the  context  of  a public  forum.                                                                   
Content  in the  conclusion in  passing  the amendment  would                                                                   
provide time to  revisit this issue.  He stressed  that it is                                                                   
time to get the  issues on the table.  He  emphasized, "It is                                                                   
show time."                                                                                                                     
                                                                                                                                
Representative   Hudson  agreed  with   the  intent   of  the                                                                   
amendment.   He reiterated  that the  State is attempting  to                                                                   
address  the fiscal  gap.   That  final  effort must  include                                                                   
personal income taxes and/or some  kind of broad State income                                                                   
tax from either sales and/or personal  income.  He added that                                                                   
the gap should include some earning  from the Permanent Fund.                                                                   
The  scope of  the  problem is  evidenced  by the  amendment;                                                                   
however,  he  advised that  he  opposed  the amendment.    He                                                                   
pointed out  that he has  a personal  income tax bill  in the                                                                   
legislative body  at this time and that by  incorporating the                                                                   
amendment  into this  bill could  kill  it.   He agreed  that                                                                   
through  the subcommittee  process, the  various elements  of                                                                   
the amendment  should be  pursued.   He recommended  that the                                                                   
concerns be addressed through a public hearing process.                                                                         
                                                                                                                                
Representative  Hudson stressed that  HB 225 is  definitely a                                                                   
piece of the  puzzle.  He noted  that he was a  co-sponsor to                                                                   
HB 225 and  also of the  tobacco tax bill, which,  he pointed                                                                   
out, did pass.  He reiterated  that the amendment would cloud                                                                   
the legislation before the Committee.                                                                                           
                                                                                                                                
Representative  Harris stated that  the amendment  would pull                                                                   
the bill  out of  Committee.   He noted  that he opposed  the                                                                   
alcohol excise tax  bill and asked to be placed  on record as                                                                   
opposing Amendment 1.                                                                                                           
                                                                                                                                
Representative  Whitaker noted  that  if the  intention is  a                                                                   
comprehensive  fiscal  package,  the amendment  does  contain                                                                   
significant  components  to  cover   that  intent.    If  the                                                                   
intention  was to move  those components  by other  bills, he                                                                   
asked if  the purpose could be  defeated by not  adopting the                                                                   
proposed amendment.  He stressed  that the amendment provides                                                                   
the basis for a comprehensive package.                                                                                          
                                                                                                                                
Representative Whitaker suggested  that perhaps the Committee                                                                   
should table the bill and the  amendment in order to consider                                                                   
the amendment as part of a comprehensive  package.  He feared                                                                   
that if a tax were passed on the  alcohol industry, the State                                                                   
would run  the risk  of putting  in jeopardy a  comprehensive                                                                   
package.   He  observed  that  would not  be  good.   If  the                                                                   
opportunity is not  taken, then the credibility  for a needed                                                                   
comprehensive package will be diminished.                                                                                       
                                                                                                                                
Representative Croft  and Representative Davies  requested to                                                                   
hear from the sponsor, Representative Murkowski.                                                                                
                                                                                                                                
Representative  Davies  questioned   if  there  had  been  an                                                                   
analysis done  regarding revenue.  Additionally,  he inquired                                                                   
from  the Chairs  what the  procedure  would be  that if  the                                                                   
amendment  was   adopted  and   when  the  issues   would  be                                                                   
addressed.                                                                                                                      
                                                                                                                                
Co-Chair  Mulder noted  that there  have  been requests  from                                                                   
other committees to have a full  Finance Committee hearing on                                                                   
these  measures.   He stipulated  that it was  his intent  to                                                                   
take considerable time in the  next month in order to explore                                                                   
the  options  and  the  implications  of  each  option.    He                                                                   
reiterated that  the plan is  intended for future  discussion                                                                   
regarding revenue measures.                                                                                                     
                                                                                                                                
Vice-Chair Bunde explained that  the amendment would provide:                                                                   
                                                                                                                                
     *    State income tax of 3%  = $270 million dollars                                                                        
     *    Sales tax of 3%           = $270 million dollars                                                                      
     *    Increase corporate income tax                                                                                         
          for non oil entities      = $6 million dollars                                                                        
    *    For oil entities          = $26 million dollars                                                                        
     *    Alcohol tax               = $31 million                                                                               
                                                                                                                                
Representative  Lancaster spoke  to Amendment  1.  He  stated                                                                   
that the amendment  lacks some major government  efficiencies                                                                   
and in order to go forward with  a package, those concerns do                                                                   
need to be  addressed.  He added  that he did approve  of the                                                                   
amendment and that he would support it.                                                                                         
                                                                                                                                
Vice-Chair Bunde  responded that  under the bill  title, only                                                                   
so much could be included.  He  acknowledged the need for the                                                                   
reduction in State spending.                                                                                                    
                                                                                                                                
Co-Chair Williams  commented that the amendment  goes against                                                                   
all public involvement and hearings.   The public needs to be                                                                   
informed about  how much  of a  fiscal gap currently  exists.                                                                   
He  stated that  the amendment  would  pull the  bill out  of                                                                   
Committee.    He  reiterated   that  the  public  needs  more                                                                   
information.                                                                                                                    
                                                                                                                                
Representative   Davies    reiterated   his    request   that                                                                   
Representative Murkowski respond.                                                                                               
                                                                                                                                
Representative  Murkowski  advised  that the  amendment  does                                                                   
include  the full  picture.   She  agreed  that a  meaningful                                                                   
discussion is  important.  She  acknowledged that there  is a                                                                   
general  reluctance  to  give   approval  to  HB  225.    She                                                                   
indicated that  if the  amendment is what  the State  is left                                                                   
with, it will need to be okay.                                                                                                  
                                                                                                                                
Co-Chair Mulder  interjected that  he appreciated  the spirit                                                                   
and  intent with  which  the amendment  was  put forward  and                                                                   
added  that  he  does support  the  concept  of  the  "bigger                                                                   
package".   He added that his  problem with the  amendment is                                                                   
that he does not support an income  or sales tax.  He advised                                                                   
that if the  amendment utilized the earning  of the Permanent                                                                   
Fund, it  would have  his full support.   He reiterated  that                                                                   
the   Committee   should   take   the   approach   and   give                                                                   
consideration to the bigger picture.                                                                                            
                                                                                                                                
Representative Whitaker  requested a short recess  to discuss                                                                   
the issue.                                                                                                                      
                                                                                                                                
Vice-Chair Bunde  observed that  he had accomplished  part of                                                                   
his  purpose   in  proposing   the  amendment  by   beginning                                                                   
discussion.  He  believed that was a small part  of the need.                                                                   
He noted that should HB 225 make  it to the floor and without                                                                   
limiting State spending,  he would be forced  to vote against                                                                   
it.                                                                                                                             
                                                                                                                                
Representative Hudson  advised that following  discussion, he                                                                   
intended  to withdraw  his objection  to the  amendment.   He                                                                   
acknowledged  that  every  element  in  the  amendment  is  a                                                                   
potential  part for resolving  the $1  billion dollar  annual                                                                   
fiscal gap.   He believed that  the need to put the  issue on                                                                   
the "front burner" would be evidenced  through passage of the                                                                   
amendment.  He did not expect  that all elements of Amendment                                                                   
1  would  be  supported.   By  adopting  the  amendment,  the                                                                   
Committee  would  be  putting   a  fairly  comprehensive  tax                                                                   
initiative  plan  forward and  would  be  able to  take  full                                                                   
public hearings and testimony.   He reiterated his support of                                                                   
the amendment pointing out that  it is an essential part of a                                                                   
fiscal plan.                                                                                                                    
                                                                                                                                
Co-Chair  Williams stressed  his objection  to the  amendment                                                                   
and the  process that  the Committee was  going through.   He                                                                   
stated that meaningful public  input is essential.  He argued                                                                   
that  the  proposed process  would  short-change  the  public                                                                   
process.  He  observed that other legislative  members of the                                                                   
full  body  were not  being  included  in  the process.    He                                                                   
stressed that this  is not the right thing to  do and that he                                                                   
strongly objected to it.                                                                                                        
                                                                                                                                
Representative   Davies   disagreed    that   it   would   be                                                                   
shortchanging  the public  to adopt  the amendment.   If  the                                                                   
amendment were adopted, the Committee  would not have to move                                                                   
the bill.   He  suggested one  answer would  be to adopt  the                                                                   
amendment  and then hold  the bill  in Committee for  further                                                                   
public testimony on other aspects of the legislation.                                                                           
                                                                                                                                
Co-Chair Williams  interjected that there are  others in this                                                                   
building  that  need to  be  included  in  this action.    He                                                                   
elaborated  that  they  might  not  support  the  bill.    He                                                                   
stressed  that there  must be  ownership in  any fiscal  plan                                                                   
proposed in the Legislature.                                                                                                    
                                                                                                                                
A roll call vote was taken on the MOTION.                                                                                       
                                                                                                                                
IN FAVOR:      Lancaster, Moses, Whitaker, Bunde, Croft,                                                                        
               Davies, Hudson                                                                                                   
OPPOSED:       Foster, Harris, Williams, Mulder                                                                                 
                                                                                                                                
The MOTION PASSED (7-4) to adopt Amendment 1.                                                                                   
                                                                                                                                
Representative Moses acknowledged that passage of the                                                                           
amendment had created a "monster".  He MOVED to TABLE HB 225                                                                    
as amended.                                                                                                                     
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:      Lancaster, Moses, Whitaker, Bunde, Croft,                                                                        
               Davies, Foster, Harris, Mulder, Williams                                                                         
OPPOSED:       Hudson                                                                                                           
                                                                                                                                
The MOTION PASSED (10-1).                                                                                                       
                                                                                                                                
HB 225 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 2:28 P.M.                                                                                          
                                                                                                                                
                                                                                                                                

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