Legislature(2013 - 2014)HOUSE FINANCE 519

04/07/2014 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 119 BUDGET: CAPITAL TELECONFERENCED
<Pending Referral>
+ HB 314 PASSENGER VEHICLE RENTAL TAX TELECONFERENCED
Heard & Held
+ SB 178 PASSENGER VEHICLE RENTAL TAX TELECONFERENCED
<Pending Referral>
+ HB 376 EXTEND ALASKA HEALTH CARE COMMISSION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 314                                                                                                            
                                                                                                                                
     "An Act  relating to the  application of  the passenger                                                                    
     vehicle  rental tax;  and  providing  for an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
8:46:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON,  SPONSOR,  introduced HB  314.  He                                                                    
recounted  that the  legislature passed  the rental  vehicle                                                                    
tax  in 2003  in order  to help  offset the  costs for  road                                                                    
repair and  maintenance. Since  passage of  the legislation,                                                                    
the statute was amended three  times due to the law's impact                                                                    
on Alaskans. He  indicated that the bill  clarified that the                                                                    
tax  only  applied  to passenger  recreational  vehicles  as                                                                    
defined in AS 43.52.010.                                                                                                        
                                                                                                                                
JANE  PIERSON, STAFF,  REPRESENTATIVE  THOMPSON, provided  a                                                                    
sectional analysis of the  current transportation version of                                                                    
the bill:                                                                                                                       
                                                                                                                                
     (1) Section 1 Amends  AS 43.52.010 and consolidates two                                                                    
     existing sections,  regarding the  terms "recreational"                                                                    
     and "passenger"  into one section.  Except for  the tax                                                                    
     rates,  the factors  are  the same  for  both types  of                                                                    
     vehicles.                                                                                                                  
                                                                                                                                
     (2) Section 2 Amends AS  43.52.010 by reducing the term                                                                    
     from 90  days to 28 days,  for which a lease  or rental                                                                    
     is  exempt  from  the  rental   vehicle  tax.  It  also                                                                    
     clarifies  that  all  renewals   and  extensions  of  a                                                                    
     vehicle lease are included when  determining if a lease                                                                    
     is more  than 28 days  and, therefore, exempt  from the                                                                    
     rental  vehicle tax,  as  long as  no  time has  lapsed                                                                    
     between  the  initial  end  date   and  the  period  of                                                                    
     extension.                                                                                                                 
                                                                                                                                
Ms. Pierson noted that the  changes aligned with the current                                                                    
contracts used  by rental companies  and that  most visitors                                                                    
rent cars for less than twenty-eight days.                                                                                      
                                                                                                                                
     (3) Section 3 Amends  AS 43.52.020 to again consolidate                                                                    
     the  terms  "recreational"  and "passenger"  to  better                                                                    
     organize the statute. This  section clearly states that                                                                    
     passenger vehicles  are taxed  at 10%  and recreational                                                                    
     vehicles are taxed at 3%.                                                                                                  
                                                                                                                                
     (4)  Section 4  Repeals AS  43.52.030 and  AS 43.52.040                                                                    
     because they  are no longer  needed due to  the changes                                                                    
     made in Sections 1 and 3 together.                                                                                         
                                                                                                                                
     (5)  Section  5  Provides for  an  immediate  effective                                                                    
     date.                                                                                                                      
                                                                                                                                
Ms. Pierson  furthered that two  sections were  removed from                                                                    
the  current  version.  One   section  decreased  the  gross                                                                    
vehicle  weight  from  8,500 pounds  to  6,500  pounds.  The                                                                    
change increased the fiscal note  because light weight pick-                                                                    
up trucks  and some models  of sport utility  vehicles (SUV)                                                                    
fell  into the  weight class  and were  rented as  passenger                                                                    
cars. She  added that another  change pertained  to reducing                                                                    
the  rental term  from 90  days  to 28  days. Some  business                                                                    
vehicles were leased along with  heavy equipment used on the                                                                    
North  Slope or  for  mining and  weren't  driven on  public                                                                    
roads.  Decreasing the  lease period  excluded the  vehicles                                                                    
involved in business to business  leases. She noted that the                                                                    
provisions were supported in written testimony.                                                                                 
                                                                                                                                
Representative   Holmes   recalled   that  last   year   the                                                                    
legislature dealt  with the tax  on leased  motorcycles. She                                                                    
asked whether the bill affected leased motorcycles.                                                                             
                                                                                                                                
Ms. Pierson replied in the negative.                                                                                            
                                                                                                                                
Representative  Gara stated  that he  liked the  legislation                                                                    
and  understood  the  purpose  of  the  bill.  He  supported                                                                    
addressing the  problem for  vehicle rentals  between Alaska                                                                    
business  to  Alaska  business and  the  language  regarding                                                                    
recreational and  passenger vehicles. He cited  page 1, line                                                                    
12:                                                                                                                             
                                                                                                                                
     (1) the initial lease or rental contract is for a                                                                          
     period of 28 days or more;                                                                                                 
                                                                                                                                
Representative  Gara  deemed  that   28  days  was  not  the                                                                    
appropriate alternative  to solve the problem.  He indicated                                                                    
that many Alaska  visitors came for longer than  28 days and                                                                    
should  pay   the  tax.  He  suggested   crafting  different                                                                    
language that  applied an  exemption if  the rental  was for                                                                    
the purposes  of work with  another Alaska business  and not                                                                    
for recreational purposes.                                                                                                      
                                                                                                                                
Ms. Pierson  replied that the  twenty-eight day  time period                                                                    
was chosen because  it was the shortest amount of  days in a                                                                    
month  and the  shortest  term of  a  commercial lease.  She                                                                    
stated   that   the   bill  had   "gone   through   multiple                                                                    
iterations." She shared a brief  summation of the issue. She                                                                    
cited a letter  from British Petroleum (BP)  (copy on file).                                                                    
She  cautioned that  a criminal  investigation was  underway                                                                    
around  the issue  which created  ethical challenges  during                                                                    
discussions   of  the   legislation.  The   business  rental                                                                    
vehicles  were  not driven  on  state  maintained or  public                                                                    
roads but  were being  taxed. The situation  was problematic                                                                    
for the  Department of  Revenue (DOR)  because they  did not                                                                    
have a way  to determine the end use of  the lease. Industry                                                                    
was receiving tax  notices for the rentals.  She was unaware                                                                    
of companies that collected the  tax, and did not submit the                                                                    
revenue to the state, but  if the scenario happened criminal                                                                    
charges should  ensue. She discerned that  the situation was                                                                    
problematic  for  when  taxes  were not  paid  for  vehicles                                                                    
destined  for the  North  Slope due  to  the description  of                                                                    
"highways"  in statute.  She noted  that statutes  contained                                                                    
three  different   definitions  of   highway.  Two   of  the                                                                    
definitions included  roads having public access  and public                                                                    
maintenance. One other definition  contained in AS 19.59.001                                                                    
described highway as follows:                                                                                                   
                                                                                                                                
     (8) "highway"  includes a highway (whether  included in                                                                    
     primary  or secondary  systems),  road, street,  trail,                                                                    
     walk,  bridge,  tunnel,  drainage structure  and  other                                                                    
     similar or related structure or facility, and right-                                                                       
     of-way thereof, and further includes a ferry system,                                                                       
     whether operated solely inside the state or to connect                                                                     
     with a Canadian highway, and any such related                                                                              
     facility;                                                                                                                  
                                                                                                                                
Ms.  Pierson  wondered  whether   the  question  of  how  to                                                                    
interpret what a public highway  was would be best addressed                                                                    
by  the  Department  of  Revenue.  She  read  the  passenger                                                                    
vehicle tax statute:                                                                                                            
                                                                                                                                
     The passenger vehicle is a motor vehicle as defined in                                                                     
     AS 28.90.990 that is driven or moved on a highway or                                                                       
     other public right-of-way of the state.                                                                                    
                                                                                                                                
Ms. Pierson concluded that the issue was "hard to define."                                                                      
                                                                                                                                
8:56:48 AM                                                                                                                    
                                                                                                                                
Representative Gara mentioned the zero fiscal note.                                                                             
                                                                                                                                
Ms. Pierson pointed out that  the fiscal note; FN1 (REV) was                                                                    
indeterminate for  changes in revenue. She  related that the                                                                    
changes reflected  in the legislation resulted  in a minimal                                                                    
reduction  in the  vehicle rental  tax  collected. A  costly                                                                    
fiscal note was associated with  the previous version of the                                                                    
bill.   The   weight   restriction  provision   alone   lost                                                                    
approximately $750 thousand in revenues for the state.                                                                          
                                                                                                                                
Representative  Gara asked  whether a  business to  business                                                                    
rental would pay the rental for the first 28 days.                                                                              
                                                                                                                                
Ms. Pierson  replied in  the affirmative.  She added  that a                                                                    
business vehicle rented  for less than 28 days  on the North                                                                    
Slope would also be taxed according to DOR.                                                                                     
                                                                                                                                
Representative Gara referred to page  1, line 12. He deduced                                                                    
that if  the rental  was longer  than twenty-eight  days the                                                                    
leasee would  qualify for a  refund for the  initial twenty-                                                                    
eight  days.  He  wondered  why  the  initial  28  days  was                                                                    
exempted from the tax.                                                                                                          
                                                                                                                                
Ms. Pierson disagreed and stated  the provisions in the bill                                                                    
specify  the  conditions  of  exemption  for  a  lease  over                                                                    
twenty-eight days. She read the  conditions [page 1, line 12                                                                    
through page 2, line 5]:                                                                                                        
                                                                                                                                
     (1) the initial lease or rental contract is for a                                                                          
     period of 28 days or more;                                                                                                 
     (2) the initial lease or rental contract is in                                                                             
     writing; and                                                                                                               
     (3) the lease or rental contract is not terminated                                                                         
     before the expiration 1 of 28 days.                                                                                        
          (c)  An extension  of a  lease or  rental that  is                                                                    
          exempt under (b) of this  section is exempt if the                                                                    
          extension is agreed upon  before the expiration of                                                                    
          the  initial 28-day  lease  or  rental period  and                                                                    
          there is  no break between the  initial period and                                                                    
          the period of the extension.                                                                                          
                                                                                                                                
Ms. Pierson  noted that  some vehicles  arrive at  the North                                                                    
Slope and never leave.                                                                                                          
                                                                                                                                
Representative Gara  requested clarification. He  pointed to                                                                    
the conditions  on [Section 2]  page 1, lines 11  through 14                                                                    
and  page   2,  lines  1   through  5  [listed   above]  and                                                                    
ascertained that the  leasee was exempt from  the initial 28                                                                    
day  period  if  the  conditions were  met.  He  recommended                                                                    
inserting a  provision that the  leasee was not  exempt from                                                                    
the initial twenty-eight days of tax accrual.                                                                                   
                                                                                                                                
Co-Chair  Stoltze  agreed  with  the need  for  clarity.  He                                                                    
recollected  the  floor  debate  on the  original  bill  and                                                                    
stated  that  there was  not  debate  about the  legislation                                                                    
affecting leased North Slope vehicles.                                                                                          
                                                                                                                                
Co-Chair   Austerman  expressed   hesitancy  regarding   the                                                                    
language. He requested clarity on Section 2.                                                                                    
                                                                                                                                
MATT FONDER,  DIRECTOR, TAX DIVISION, DEPARTMENT  OF REVENUE                                                                    
(via     teleconference),     relayed    the     departments                                                                    
interpretation that if the vehicle  was initially rented for                                                                    
at  least 28  days all  of  the tax,  including the  initial                                                                    
twenty-eight  days  was  exempted. He  understood  that  the                                                                    
total exemption was the intent of the bill.                                                                                     
                                                                                                                                
Co-Chair  Austerman  asked  whether a  recreational  vehicle                                                                    
(RV) that was  rented for thirty days was  exempted from the                                                                    
tax.                                                                                                                            
                                                                                                                                
Mr. Fonder replied in the affirmative.                                                                                          
                                                                                                                                
Representative Gara stated that  many tourists rent vehicles                                                                    
for  time periods  of  thirty days  or  more. He  suggesting                                                                    
adding the  following language to  the provision on  page 1,                                                                    
line 11:  "…starting on  the 29th rental  day." The  tax for                                                                    
the initial twenty-eight day period would not be exempted.                                                                      
                                                                                                                                
Representative Thompson  stated that the  suggested language                                                                    
defeated the purpose of the  legislation. He voiced that the                                                                    
bill was modeled  after the bed tax collected  in the state.                                                                    
The bed  tax was waived if  the visitor stayed over  30 days                                                                    
and  was  not  collected  for  the  first  thirty  days.  He                                                                    
believed that the provision "would  change the whole picture                                                                    
of the bill."                                                                                                                   
                                                                                                                                
Representative Holmes  asked why the ninety  day period from                                                                    
the initial bill was shorted to twenty-eight days.                                                                              
                                                                                                                                
Co-Chair  Stoltze  interjected  that  the  twenty-eight  day                                                                    
period   was  chosen   due  to   the   fear  of   unintended                                                                    
consequences.                                                                                                                   
                                                                                                                                
Ms.  Pierson  clarified  that the  twenty-eight  day  period                                                                    
attempted to address the  Alaska businesses leasing vehicles                                                                    
to  other Alaska  businesses rental  issue  but capture  the                                                                    
original intent of the bill  aimed at tourism. She indicated                                                                    
that the  Alaska business vehicle rentals  were mostly long-                                                                    
term contracts  and that the  shortest business  leases were                                                                    
28 days  long based on the  shortest month of the  year. The                                                                    
language  in   the  bill  was  taken   directly  from  DOR's                                                                    
regulations.  She  would  welcome committee  suggestions  to                                                                    
find "a better way" to write the bill.                                                                                          
                                                                                                                                
9:08:11 AM                                                                                                                    
                                                                                                                                
Representative  Holmes  understood   the  issue  and  wasn't                                                                    
suggesting that  the initial twenty-eight day  period should                                                                    
be taxed,  but she  expressed concern that  the twenty-eight                                                                    
day period  was too short.  She noted the statutes  cited in                                                                    
Section  1: AS  43.52.010 and  Section 2:  AS 43.52.010  and                                                                    
reported the lack  of subsection (a), which  did not conform                                                                    
to the original statute. She asked for clarity.                                                                                 
                                                                                                                                
Ms.  Pierson  deduced  that  the  omission  was  probably  a                                                                    
drafting error.                                                                                                                 
                                                                                                                                
Representative    Guttenberg    relayed   personal    rental                                                                    
experience  regarding  taxation.  He  believed  that  "there                                                                    
wasn't any way around…  the difference between extensions of                                                                    
a few  days versus  not having  to pay any  of the  tax." He                                                                    
wondered whether the  intent of the bill could  be met under                                                                    
any situation.                                                                                                                  
                                                                                                                                
Ms.  Pierson stated  that she  was open  to suggestions  for                                                                    
solutions.                                                                                                                      
                                                                                                                                
Co-Chair Stoltze  understood that  a considerable  amount of                                                                    
vetting occurred  between the sponsor and  DOR. He suggested                                                                    
that Commissioner Rodell testify on  the issue. He wanted to                                                                    
avoid  any   further  "unintended  consequences"   with  any                                                                    
proposed solutions.                                                                                                             
                                                                                                                                
Representative Munoz  asked what the amount  of the business                                                                    
to business tax collected annually was.                                                                                         
                                                                                                                                
Ms. Pierson  replied that  the total  annual rental  car tax                                                                    
collected was $7  million. She remarked that DOR  had no way                                                                    
to determine where  the vehicles were located  in the state,                                                                    
which made  it difficult  to bracket  the tax.  She believed                                                                    
that   differences  in   the  legislative   intent  affected                                                                    
implementation of  the tax throughout  the years.  She hoped                                                                    
the original  intent regarding passenger vehicle  rental car                                                                    
use  on  Alaska's  roads  could  be  accomplished  with  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Representative   Munoz    suggested   deleting    the   word                                                                    
"passenger" and focus on recreational vehicles.                                                                                 
                                                                                                                                
Ms.  Pierson  stated  that  deletion  of  "passenger"  would                                                                    
exempt  every   single  rental  car.  She   referred  to  AS                                                                    
43.52.099 that defined passenger vehicle and read:                                                                              
                                                                                                                                
     (2)  "passenger  vehicle"  means  a  motor  vehicle  as                                                                    
     defined in  AS 28.90.990 that  is driven or moved  on a                                                                    
     highway or other public right-of-way  in the state, but                                                                    
     does not include…                                                                                                          
                                                                                                                                
Ms. Pierson  stated that the  sponsor could not  find proper                                                                    
language for an additional exclusion.                                                                                           
                                                                                                                                
Co-Chair  Stoltze  wanted the  discussion  to  focus on  the                                                                    
equity  issue, intended  purpose,  and whether  it was  good                                                                    
policy.                                                                                                                         
                                                                                                                                
Co-Chair  Austerman  expressed  similar  concern  about  the                                                                    
legislation opening a loophole in  the law allowing a person                                                                    
renting RV's to avoid paying  taxes. The leasee would merely                                                                    
have  to extend  the  contract before  the twenty-eight  day                                                                    
period expired.                                                                                                                 
                                                                                                                                
Ms. Pierson suggested dividing the  sections and keeping the                                                                    
recreational  vehicles in  a  separate  category. She  would                                                                    
confer with DOR on the language.                                                                                                
                                                                                                                                
Co-Chair Austerman  understood the issue, but  felt that the                                                                    
bill did not meet the intention of the legislation.                                                                             
                                                                                                                                
Representative Gara addressed the  underlying purpose of the                                                                    
legislation.  He commented  that  most of  the real  Alaskan                                                                    
businesses bought  its own vehicles. If  the legislation was                                                                    
focused  on  the  oil  industry,  he  did  not  believe  the                                                                    
industry needed  another tax break. The  legislature spent a                                                                    
lot of  time debating  oil tax breaks  last year.  He voiced                                                                    
that the "state  was in the red" and he  was not comfortable                                                                    
with that aspect of the bill.                                                                                                   
                                                                                                                                
HB  314  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
Co-Chair Stoltze  commented that  the leasing  agencies were                                                                    
the   "broader   concern"   of  the   legislation.   Alaskan                                                                    
businesses   were  in   a   "precarious"   state  with   the                                                                    
uncertainty  of the  law pertaining  to lack  of enforcement                                                                    
and collection.                                                                                                                 
                                                                                                                                

Document Name Date/Time Subjects
HB 314 - Correspondence between BP and DOR.pdf HFIN 4/7/2014 8:30:00 AM
HB 314
HB 314 - HB 271 Sponsor Statement 23rd legislature.pdf HFIN 4/7/2014 8:30:00 AM
HB 314
HB 314 - Letter of Support AOGA 3.11.14.pdf HFIN 4/7/2014 8:30:00 AM
HB 314
HB 314 - NSLP Map.pdf HFIN 4/7/2014 8:30:00 AM
HB 314
HB 314 - Relevant Excerpts from the Legislative History.pdf HFIN 4/7/2014 8:30:00 AM
HB 314
HB 314 - Sectional Analysis 4.4.14.pdf HFIN 4/7/2014 8:30:00 AM
HB 314
HB 314 - Sponsor Statement ver. O 4.4.14.pdf HFIN 4/7/2014 8:30:00 AM
HB 314
2013AnnualReportFINAL.pdf HFIN 4/7/2014 8:30:00 AM
HB 376
AHCC audit rpt-2013.pdf HFIN 4/7/2014 8:30:00 AM
HB 376
HB 376 Sponsors Statement.pdf HFIN 4/7/2014 8:30:00 AM
HB 376
Resolution.pdf HFIN 4/7/2014 8:30:00 AM
HB 376