Legislature(2005 - 2006)HOUSE FINANCE 519

05/03/2005 01:30 PM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 186 PERMANENT FUND: QUARTERLY PAYMENTS TELECONFERENCED
Heard & Held
+ SB 133 AVIATION ADVISORY BOARD TELECONFERENCED
Moved Out of Committee
+ SB 174 EXEMPT UHAULS FROM VEHICLE RENTAL TAX TELECONFERENCED
Moved HCS SB 174(FIN) Out of Committee
+= SB 139 OCCUPATIONAL BDS/AGENCIES TELECONFERENCED
Moved HCS CSSB 139(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 174                                                                                                           
                                                                                                                                
     An Act excluding  certain trucks from the  definition of                                                                   
     'passenger  vehicle'  for   purposes  of  the  passenger                                                                   
     vehicle  rental  tax;  and providing  for  an  effective                                                                   
     date.                                                                                                                      
                                                                                                                                
SENATOR CHARLIE HUGGINS, SPONSOR,  noted that SB 174 had been                                                                   
introduced   to   correct  an   unintended   consequence   of                                                                   
legislation passed  in 2003.   At that time, the  Legislature                                                                   
passed  HB 271  as a  tourism-based tax  on passenger  rental                                                                   
cars  and recreational  vehicles.   The  purpose  was to  tax                                                                   
visitors using the  road system, not local citizens.   HB 271                                                                   
has negatively impacted:                                                                                                        
                                                                                                                                
*    Alaska citizens needing to move,                                                                                           
*    Local independent outlets, and                                                                                             
*    Cnsumer truck rental business.                                                                                             
                                                                                                                                
Senator  Huggins added  that the  Department  of Revenue  has                                                                   
assessed  the  tourism-based  tax  on  all  rental  vehicles,                                                                   
including trucks less than 26,000  pounds.  Interpretation of                                                                   
the law has resulted  in a 10% tax applied  to businesses and                                                                   
citizens renting trucks.   The 10% State tax,  along with the                                                                   
local  municipal  and city  taxes,  add considerably  to  the                                                                   
total rental fee.                                                                                                               
                                                                                                                                
In  2004, HB  347 was  introduced to  correct the  unintended                                                                   
consequence created by HB 271.   It provided an exemption for                                                                   
taxicabs.  That  corrective legislation was  signed into law.                                                                   
SB 174 ensures that the tax applies  more specifically to the                                                                   
intended target  of visitors  renting passenger vehicles  and                                                                   
recreational vehicles,  rather than the unintended  target of                                                                   
Alaska businesses and citizens  who rely on truck rentals for                                                                   
the  continued flow  of commerce  and  movement of  household                                                                   
goods.                                                                                                                          
                                                                                                                                
2:37:41 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch commented that  the intent  was not                                                                   
to  assess  a   tax  charge  on  commercial   vehicles.    He                                                                   
questioned   if   it   would    reign-in   the   Department's                                                                   
interpretation of  the tax.  Senator Huggins  explained there                                                                   
was no  ill intended approach  on the Department  of Revenue.                                                                   
The target of HB  271 was a not "self-move"  type vehicle and                                                                   
that SB 174 would correct it.                                                                                                   
                                                                                                                                
Representative  Hawker commented on  passage of the  previous                                                                   
legislation  and the  impact  SB 174  would  have.   Co-Chair                                                                   
Meyer  agreed  with the  assessment  made  by  Representative                                                                   
Hawker and  that the  original intent was  not to  tax U-Haul                                                                   
trucks.                                                                                                                         
                                                                                                                                
2:40:08 PM                                                                                                                    
                                                                                                                                
JOHN NORRIS, PRESIDENT, U-HAUL  COMPANY OF ALASKA, ANCHORAGE,                                                                   
spoke in  support of  the proposed  legislation.  He  pointed                                                                   
out  that HB  271  has impacted  Alaska  citizens needing  to                                                                   
move.  The consumer  does have other options  for moving that                                                                   
are not taxed.  He reiterated  the history and the impacts of                                                                   
the  previous  legislation.    He acknowledged  that  SB  174                                                                   
provides relief for trucks that has been given to taxicabs.                                                                     
                                                                                                                                
Mr.  Norris pointed  out that  the  Alaska Trucking  Industry                                                                   
supports the legislation.                                                                                                       
                                                                                                                                
2:44:55 PM                                                                                                                    
                                                                                                                                
SYDNI SWENSON, (TESTIFIED VIA  TELECONFERENCE), U-HAUL, NORTH                                                                   
POLE, voiced support for SB 174.                                                                                                
                                                                                                                                
2:46:39 PM                                                                                                                    
                                                                                                                                
Representative Hawker MOVED to  ADOPT Amendment #1.  Co-Chair                                                                   
Meyer OBJECTED.                                                                                                                 
                                                                                                                                
Representative  Hawker   explained  that  Amendment   #1  was                                                                   
offered  on behalf  of  the House  sponsor  of the  companion                                                                   
Senate   bill.     The  amendment   provides  an   additional                                                                   
exemption;  "vehicles  provided   by  automobile  dealers  as                                                                   
replacement   transportation  during   warranty  or   service                                                                   
contract  repairs".    He  acknowledged  that  the  amendment                                                                   
involves a  title change but that  it would not  endanger the                                                                   
substance of SB 174.                                                                                                            
                                                                                                                                
2:51:10 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  inquired the impact the amendment  would have                                                                   
on the Department of Revenue.                                                                                                   
                                                                                                                                
JOANNA   BALES,  (TESTIFIED   VIA  TELECONFERENCE),   PROGRAM                                                                   
MANAGER,   VEHICLE  REVENUE  TAX   DIVISION,  DEPARTMENT   OF                                                                   
REVENUE, ANCHORAGE, indicated  that they do not have the data                                                                   
necessary to determine the amount.                                                                                              
                                                                                                                                
2:52:40 PM                                                                                                                    
                                                                                                                                
Co-Chair    Meyer    requested   the    amount    anticipated                                                                   
collected.   Ms. Bales  said it  would be  small.  There  are                                                                   
only six other states that have  their own vehicle rental tax                                                                   
and it appears it is a 50/50 exemption.   Co-Chair Meyer knew                                                                   
that the  City of Anchorage  has a car  rental tax;  he asked                                                                   
how they dealt with such situations.   Ms. Bales replied that                                                                   
they do exempt U-Haul vehicles.                                                                                                 
                                                                                                                                
2:53:53 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault asked about  the replacement transportation                                                                   
service contracts  and if they  would include rentals  from a                                                                   
dealer  during the time  of repairs.   Representative  Hawker                                                                   
understood that was not accommodated.                                                                                           
                                                                                                                                
2:54:59 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  asked  if  Senator   Huggins  supported  the                                                                   
amendment.   Senator Huggins responded  that he hoped  it was                                                                   
"friendly" and that he would support it.                                                                                        
                                                                                                                                
2:57:09 PM                                                                                                                    
                                                                                                                                
Representative Holm  asked if Amendment #1 would  generate an                                                                   
indeterminate fiscal  note.  Co-Chair Meyer  thought it would                                                                   
be slightly higher than the one provided.                                                                                       
                                                                                                                                
2:57:47 PM                                                                                                                    
                                                                                                                                
Representative  Hawker   pointed  out  that  Ms.   Bales  had                                                                   
indicated   that   the  information   was   not   immediately                                                                   
forthcoming.   Ms.  Bales  explained it  would  be a  minimal                                                                   
impact on  the rental tax and  that the existing  note should                                                                   
be sufficient.                                                                                                                  
                                                                                                                                
2:59:37 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze inquired if  the language was broad enough                                                                   
to  cover recall.   Representative  Hawker  thought a  recall                                                                   
activity would be part of the warranty process.                                                                                 
                                                                                                                                
3:00:53 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch stated  that there are no guarantees                                                                   
with  the proposed  language.   A service  contract does  not                                                                   
necessarily include a recall.                                                                                                   
                                                                                                                                
Representative  Hawker suggested  amending  the amendment  by                                                                   
adding, "recall".                                                                                                               
                                                                                                                                
3:01:32 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED the friendly amendment  proposed by                                                                   
Representative  Hawker.   There  being NO  OBJECTION, it  was                                                                   
amended.                                                                                                                        
                                                                                                                                
3:02:12 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  WITHDREW  his  OBJECTION.   There  being  NO                                                                   
further OBJECTION, amended Amendment #1 was adopted.                                                                            
                                                                                                                                
Representative Kelly MOVED to  REPORT HCS SB 174 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS SB  174 (FIN) was  reported out of  Committee with  a "do                                                                   
pass" recommendation,  with fiscal note #1 by  the Department                                                                   
of Revenue and  a House Concurrent Resolution  to address the                                                                   
title change.                                                                                                                   
                                                                                                                                
3:03:51 PM                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects