Legislature(2013 - 2014)HOUSE FINANCE 519

04/16/2014 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 178 PASSENGER & REC. VEHICLE RENTAL TAX TELECONFERENCED
Heard & Held
+= SB 169 IMMUNIZATION PROGRAM; VACCINE ASSESSMENTS TELECONFERENCED
Moved HCS CSSB 169(HSS) Out of Committee
+= SB 138 GAS PIPELINE; AGDC; OIL & GAS PROD. TAX TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 191 GENERAL OBLIGATION BOND FUND TRANSFER TELECONFERENCED
Heard & Held
CS FOR SENATE BILL NO. 178(FIN)                                                                                               
                                                                                                                                
     "An Act relating to the passenger and recreational                                                                         
     vehicle rental taxes; and providing for an effective                                                                       
     date."                                                                                                                     
                                                                                                                                
8:38:21 AM                                                                                                                    
                                                                                                                                
BRITTANY HUTCHINSON, STAFF, SENATOR  BISHOP, offered a brief                                                                    
overview of the bill.                                                                                                           
                                                                                                                                
8:40:59 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze asked  where the  bulk of  the rental  tax                                                                    
monies had been spent to date.                                                                                                  
                                                                                                                                
Ms. Hutchinson replied that she did not know.                                                                                   
                                                                                                                                
8:41:14 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  asserted that the  funds was one  that had                                                                    
been preyed upon by many interests.                                                                                             
                                                                                                                                
Co-Chair Austerman discussed Page 1, line 5:                                                                                    
                                                                                                                                
    Sec. 43.52.010. Levy of passenger and recreational                                                                        
     vehicle rental tax.                                                                                                      
                                                                                                                                
Co-Chair  Austerman understood  that a  person could  fly to                                                                    
Anchorage and rent a recreation  vehicle for 30 days without                                                                    
being subject to the rental tax.                                                                                                
                                                                                                                                
Ms. Hutchinson replied in the affirmative.                                                                                      
                                                                                                                                
Co-Chair Austerman  surmised that the objective  of the bill                                                                    
was to exempt recreational vehicles from the tax.                                                                               
                                                                                                                                
Ms. Hutchinson replied  that the main objective  had been to                                                                    
exempt  passenger vehicles  but  that  drafters had  thought                                                                    
that in  order to  better organize the  statute recreational                                                                    
vehicles should be included.                                                                                                    
                                                                                                                                
Co-Chair  Austerman  asserted  that   the  addition  of  the                                                                    
recreational vehicles created a  stumbling block and muddied                                                                    
the intent.                                                                                                                     
                                                                                                                                
8:43:27 AM                                                                                                                    
                                                                                                                                
Representative Wilson  expressed her  concern that  the bill                                                                    
would result in a loss of revenue.                                                                                              
                                                                                                                                
Ms.  Hutchinson responded  that  the  Department of  Revenue                                                                    
(DOR),  which had  prepared  the fiscal  note,  had noted  a                                                                    
minimal loss of revenue.                                                                                                        
                                                                                                                                
Co-Chair  Stoltze asked  for a  projection of  the range  of                                                                    
revenue loss.                                                                                                                   
                                                                                                                                
Representative  Wilson noted  that the  regulation had  just                                                                    
been  changed,  which had  seemed  to  have cleared  up  any                                                                    
misinterpretation  of   the  statute.  She   maintained  her                                                                    
concern  that if  the bill  passed the  revenue loss  to the                                                                    
state would be significant.                                                                                                     
                                                                                                                                
8:45:35 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
8:45:55 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
JANE PIERSON, STAFF,  REPRESENTATIVE STEVE THOMPSON, thought                                                                    
that the committee would have  a greater understanding as to                                                                    
why the  bill existed  if they listened  to some  public and                                                                    
invited testimony. She  said that she had  worked for months                                                                    
with the department in trying to craft and agreeable bill.                                                                      
                                                                                                                                
Co-Chair Stoltze agreed.                                                                                                        
                                                                                                                                
Co-Chair Stoltze OPENED public testimony.                                                                                       
                                                                                                                                
8:48:12 AM                                                                                                                    
                                                                                                                                
SAM   ROBERT   BRICE,   BRICE  COMPANIES,   FAIRBANKS   (via                                                                    
teleconference),  testified  in  support  of  the  bill.  He                                                                    
stated that most of his  company's vehicle rental use was on                                                                    
the  North  Slope  by producers  and  support  companies  on                                                                    
private roads.  He said  that his facility  was on  a public                                                                    
road at  the end of  the Dalton  Highway, but 99  percent of                                                                    
the rental activity  of the vehicles was on  the private oil                                                                    
field roads. He relayed that  often the length of the rental                                                                    
term was unknown. He said  that his company's liability went                                                                    
back to 2010,  the first year of light  vehicle rental, they                                                                    
paid $31,000 as not to  incur further penalties. He believed                                                                    
that the  bill helped clarify  the intent of the  statue. He                                                                    
thought that  there was  more work  to be  done with  DOR so                                                                    
that all  parties were  clear as to  what was  applicable to                                                                    
the rental tax.                                                                                                                 
                                                                                                                                
8:50:47 AM                                                                                                                    
                                                                                                                                
Co-Chair  Austerman asked  whether  the testifier's  company                                                                    
rented  recreational vehicles.  Mr.  Brice  replied no.  Co-                                                                    
Chair  Austerman   asked  whether  he  had   an  opinion  on                                                                    
recreational  vehicles being  added to  the bill.  Mr. Brice                                                                    
shared  that his  company  mainly  rented half-ton  pick-ups                                                                    
that were used on private roads.                                                                                                
                                                                                                                                
8:51:26 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze asked  if  the  recreational vehicles  had                                                                    
been added  because they  are one of  two types  of vehicles                                                                    
taxed under current law.                                                                                                        
                                                                                                                                
Ms.  Pierson replied  yes. She  noted that  the recreational                                                                    
vehicle rental fee was 3 percent.                                                                                               
                                                                                                                                
Representative Costello asked how  much back taxes were owed                                                                    
to the state by Mr. Brice.                                                                                                      
                                                                                                                                
Mr. Brice  replied that  the amount  was not  disclosed. All                                                                    
light vehicle rentals rented for  less than 90 days would be                                                                    
applicable. He stated  that he went back  and researched his                                                                    
record in  order to come  up with the $31,000  of liability,                                                                    
which the  company had not  collected because they  had been                                                                    
unaware that they were expected to collect the tax.                                                                             
                                                                                                                                
8:52:57 AM                                                                                                                    
                                                                                                                                
Representative  Gara  asked  whether  Mr.  Brice's  business                                                                    
would  be effected  if the  exemption  taxed rentals  longer                                                                    
than a 40 day period.                                                                                                           
                                                                                                                                
Mr.  Brice replied  that  the  days of  rental  were not  as                                                                    
important as was the interpretation  concerning what kind of                                                                    
vehicles met  the requirement for  vehicles that  fell under                                                                    
the  tax.  He reiterated  that  often  the duration  of  the                                                                    
vehicle  rental was  unknown until  it was  returned to  the                                                                    
business.                                                                                                                       
                                                                                                                                
8:54:10 AM                                                                                                                    
RYAN  PETERKIN, MAGTEC  ALASKA, KENAI  (via teleconference),                                                                    
testified in  support of  the bill. He  noted that  he first                                                                    
learned about the  tax in 2013 when  a criminal investigator                                                                    
from  DOR,  accompanied  by an  armed  enforcement  officer,                                                                    
arrived  at  his  place  of  business  at  Prudhoe  Bay  and                                                                    
informed  him that  he had  been committing  an enforceable,                                                                    
criminal crime  by not charging  the vehicle rental  tax. He                                                                    
asserted  that the  department had  not contacted  him prior                                                                    
about the  tax and that, to  that point, he had  never known                                                                    
of  the  tax.  He  stated  if  any  of  the  vehicle  rental                                                                    
businesses on the  slope had been charging the  tax it would                                                                    
have major  competition between rental companies,  which was                                                                    
not the  case. He said  that he contacted the  department in                                                                    
an effort to  correctly understand the tax code  in order to                                                                    
immediately implement  the collection of the  tax. He opined                                                                    
that  going through  the process  he found  it difficult  to                                                                    
deal with the  vagueness and lack of  clarification from DOR                                                                    
on the  exemptions on  the tax  statute and  regulations. He                                                                    
listed several exemptions that needed clarification.                                                                            
                                                                                                                                
8:59:32 AM                                                                                                                    
                                                                                                                                
Co-Chair   Austerman  asked   if   he  rented   recreational                                                                    
vehicles.                                                                                                                       
                                                                                                                                
Mr. Peterkin replied no.                                                                                                        
                                                                                                                                
9:00:08 AM                                                                                                                    
                                                                                                                                
RUDI   VONIMHOF,   PRESIDENT,  DELTA   LEASING,   ANCHORAGE,                                                                    
testified in support of the  legislation. The primary office                                                                    
was  located in  Prudhoe  Bay.  He discussed  communications                                                                    
with DOR in 2010, which  consisted of two letters explaining                                                                    
that he did  not feel that the tax applied  to his customers                                                                    
for various  reasons. He  stated that  he sent  the letters,                                                                    
along with  his leases,  to the  department and  received no                                                                    
reply. He  relayed that the  following interaction  with DOR                                                                    
included a raid by  armed enforcement agents who confiscated                                                                    
70 cases  of paper  files and  company computers.  He stated                                                                    
that   his   company   remained  under   investigation   for                                                                    
nonpayment of  the vehicle  rental tax.  He stated  that his                                                                    
company cooperated  with the department.  He paid  all back-                                                                    
taxes  even though  they were  never collected.  He asserted                                                                    
that no other  equipment vendors on the  slope had collected                                                                    
the  tax  and  he  wished  to clarify  the  issue  with  the                                                                    
department.  He believed  that there  was a  disagreement on                                                                    
whether Prudhoe Bay roads were considered public right-of-                                                                      
way. He pointed out the  negative impact on his business and                                                                    
thought  that the  language in  the bill  would clarify  the                                                                    
exemptions.                                                                                                                     
                                                                                                                                
9:09:59 AM                                                                                                                    
                                                                                                                                
Co-Chair Austerman asked if he rented recreation vehicles.                                                                      
                                                                                                                                
Mr. Vonimhof replied no.                                                                                                        
                                                                                                                                
Representative  Costello asked  the amount  he owed  in back                                                                    
taxes.                                                                                                                          
                                                                                                                                
Mr. Vonimhof  replied no. She  stated that he wrote  a check                                                                    
in  December  2012  for  $13 thousand  for  three  years  of                                                                    
pervious taxes that could potentially be applicable.                                                                            
                                                                                                                                
9:12:27 AM                                                                                                                    
                                                                                                                                
DOUG  JOHNSON,  CFO,   TYLER  RENTAL  (via  teleconference),                                                                    
testified in support of the  bill. He stated that the rental                                                                    
contracts  were  exempt from  the  current  law because  the                                                                    
vehicles  were  never  driven  on   the  state  highway.  He                                                                    
asserted that  he had never  received notice of the  tax. He                                                                    
shared that  he had paid  the tax  with a protest.  He hoped                                                                    
that  when the  department  responded back  the issue  would                                                                    
simply  be an  audit  issue.  He did  not  believe that  the                                                                    
department  should go  after private  companies. He  thought                                                                    
that  the  28 days  should  remain  in the  legislation.  He                                                                    
relayed that he  did not advertise to the  tourist trade and                                                                    
did not rent recreational vehicles.                                                                                             
                                                                                                                                
9:16:08 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
ANGELA   RODELL,   COMMISSIONER,  DEPARTMENT   OF   REVENUE,                                                                    
believed the bill  recognized that taxes were  to be applied                                                                    
fairly and  equitably and  without discrimination.  She said                                                                    
that discussing the tax meant  talking about the definitions                                                                    
of: what is a passenger vehicle  rental, what is a truck (if                                                                    
done by weight),  what is a sports utility  vehicle (if done                                                                    
by  mileage)  how  will  rentals  in  small  communities  be                                                                    
effected,  rental terms,  and private  roads versus  public.                                                                    
She believed  that the current  version of the bill  was the                                                                    
fairest  and  most  complete  that  had  been  drafted.  She                                                                    
relayed that  the department  was unsure  of the  impact the                                                                    
legislation would  have on the  state, but felt it  would be                                                                    
minimal.                                                                                                                        
                                                                                                                                
9:19:36 AM                                                                                                                    
                                                                                                                                
MICHAEL  BARBER, ASSISTANT  ATTORNEY GENERAL,  DEPARTMENT OF                                                                    
LAW, commented on  the first two sentences of  the letter of                                                                    
intent drafted by the sponsor:                                                                                                  
                                                                                                                                
     It is the  intent of the Senate  Finance Committee that                                                                    
     the passenger  vehicle rental tax described  in SB 178,                                                                    
     including the original law and  the changes made by the                                                                    
     committee substitute, should not  be applied to Alaskan                                                                    
     businesses   doing   business    with   other   Alaskan                                                                    
     businesses.                                                                                                                
                                                                                                                                
     The Department  of Revenue (DOR)  should not  apply the                                                                    
     tax  retroactively to  businesses it  determines should                                                                    
     be, or  should have been, collecting  the tax. However,                                                                    
     if DOR  is able to  determine a business  collected the                                                                    
     tax but did  not remit the tax to DOR,  then DOR should                                                                    
     charge back  taxes, penalties and/or interest  on those                                                                    
     unpaid taxes.                                                                                                              
                                                                                                                                
Mr. Barber explained that the  first sentence suggested that                                                                    
Alaskan  businesses in  general  were exempt  from the  tax,                                                                    
which  was not  the case.  He clarified  that there  was not                                                                    
express   exemption   in   current   statute   for   Alaskan                                                                    
businesses, and  while Alaskan  businesses were  the primary                                                                    
beneficiaries  of  the changes  proposed  in  the bill,  the                                                                    
legislation  would  not  create  an  exemption  for  Alaskan                                                                    
businesses. He stated  that if the intent was  to exempt all                                                                    
Alaskan businesses  then it  needed to  be written  into the                                                                    
bill;  however, he  expressed serious  concern that  such an                                                                    
action  would violate  the Dormant  Commerce  Clause of  the                                                                    
United States Constitution.                                                                                                     
                                                                                                                                
Co-Chair Stoltze  asked whether the letter  had been adopted                                                                    
by the Senate. He noted that  it appeared informal as it was                                                                    
not on letterhead, which was unusual.                                                                                           
                                                                                                                                
Mr. Barber understood  that the letter had  been attached to                                                                    
the bill that was moved out of the Senate.                                                                                      
                                                                                                                                
Representative  Holmes asked  whether the  letter of  intent                                                                    
was  attached to  the bill  that  had passed  on the  Senate                                                                    
Floor.                                                                                                                          
                                                                                                                                
Mr. Barber replied in the affirmative.                                                                                          
                                                                                                                                
Co-Chair  Stoltze  requested  the  record  and  the  journal                                                                    
minutes  pertaining  to  the  meeting  where  the  bill  was                                                                    
passed.                                                                                                                         
                                                                                                                                
9:23:12 AM                                                                                                                    
                                                                                                                                
Representative  Wilson asked  if by  changing the  number of                                                                    
rental days to 28, the original  intent of the bill would be                                                                    
honored.                                                                                                                        
                                                                                                                                
Commissioner Rodell responded yes.                                                                                              
                                                                                                                                
Representative Wilson  asked if the  lease went to  a month-                                                                    
to-month,  rather  than yearly,  would  the  tax problem  be                                                                    
solved.                                                                                                                         
                                                                                                                                
Commissioner  Rodell replied  that the  bill did  not change                                                                    
the time range  of the rentals, but that  the department had                                                                    
begun making  changes including  extensions of  the original                                                                    
contracts  would  be included  in  the  time period  of  the                                                                    
original  contract. She  said that  the process  had stopped                                                                    
while the  bill was in  motion because it referenced  the 90                                                                    
days in the original legislation.  She said that if the bill                                                                    
were to  pass the  regulations would  be amended  to reflect                                                                    
that  any  extensions  of  an  original  contract  would  be                                                                    
included in the contract  period for counting vehicle rental                                                                    
tax exemptions.                                                                                                                 
                                                                                                                                
9:25:01 AM                                                                                                                    
                                                                                                                                
Co-Chair  Austerman   understood  that  if   a  recreational                                                                    
vehicle was rented for more than  28 days then the tax would                                                                    
not be  implemented. He surmised  that the objective  of the                                                                    
bill was  to not impose the  tax on businesses on  the North                                                                    
Slope  that   did  not  frequently  use   public  roads.  He                                                                    
maintained confusion  as to  why recreational  vehicles were                                                                    
included in the legislation.                                                                                                    
                                                                                                                                
Commissioner  Rodell believed  that  the recreation  vehicle                                                                    
exemption already applied  to the 90 days, so  it was rolled                                                                    
into  the  new exemption  in  order  to avoid  creating  two                                                                    
separate  exemptions.   She  said   that  this   created  an                                                                    
administrative ease for DOR in terms of application.                                                                            
                                                                                                                                
Co-Chair  Austerman  understood that  it  would  apply to  a                                                                    
vehicle rented at an airport that was driven for 28 days.                                                                       
                                                                                                                                
Commissioner Rodell replied yes.                                                                                                
                                                                                                                                
Co-Chair  Austerman said  that the  issue made  it difficult                                                                    
for him to support the bill.                                                                                                    
                                                                                                                                
9:27:28 AM                                                                                                                    
                                                                                                                                
Representative Gara  asked whether  Mr. Barber  was prepared                                                                    
to speak to the possibility  that the letter of intent could                                                                    
unconstitutional   in  discriminating   against  non-Alaskan                                                                    
businesses.                                                                                                                     
                                                                                                                                
Mr.  Barber clarified  that not  all Alaska  businesses were                                                                    
exempt from  the tax, but  had to meet  exemptions currently                                                                    
in  statute.   He  said  that   an  exemption   for  Alaskan                                                                    
businesses   would   be  facially   discriminatory   against                                                                    
interstate commerce and would be  subject to a high level of                                                                    
scrutiny. He  believed that the  letter of intent  would not                                                                    
be applied unconstitutionally.                                                                                                  
                                                                                                                                
Representative Gara  surmised that passing the  letter would                                                                    
not  open  the   door  for  the  bill  to   be  attacked  on                                                                    
constitutional grounds.                                                                                                         
                                                                                                                                
Mr. Barber  suggested that clarifying  the letter  of intent                                                                    
would be beneficial before the bill's passage.                                                                                  
                                                                                                                                
9:29:48 AM                                                                                                                    
                                                                                                                                
Representative  Munoz discussed  the  10  percent charge  on                                                                    
passenger vehicles and the 3  percent charge on recreational                                                                    
vehicles. She wondered what the  overall revenue was for the                                                                    
two taxes.                                                                                                                      
                                                                                                                                
Commissioner Rodell  replied that the total  tax revenue was                                                                    
approximately $8 million for FY13.                                                                                              
                                                                                                                                
Representative Munoz asked  if most of the  revenue was from                                                                    
recreational vehicles.                                                                                                          
                                                                                                                                
Commissioner Rodell replied that she did not know.                                                                              
9:30:30 AM                                                                                                                    
                                                                                                                                
Representative  Munoz asked  whether removing  references in                                                                    
the code to the passenger tax had been considered.                                                                              
                                                                                                                                
Commissioner  Rodell replied  no.  She  said that  different                                                                    
ways of more narrowly defining  a passenger vehicle had been                                                                    
discussed, but that the issue quickly became complicated.                                                                       
                                                                                                                                
Representative Munoz  thought that the  confusion surrounded                                                                    
the utility vehicles and those  used on the North Slope. She                                                                    
thought  that if  reference from  the passenger  vehicle tax                                                                    
could be removed  in statute it would speak  to the original                                                                    
intent of the tax.                                                                                                              
                                                                                                                                
Co-Chair Stoltze  thought that the department  could look to                                                                    
the hospitality industry for ways  to set clearly demarcated                                                                    
taxes. He  requested further background from  the department                                                                    
concerning the collection of the tax.                                                                                           
                                                                                                                                
9:32:57 AM                                                                                                                    
                                                                                                                                
Commissioner  Rodell  replied   that  the  department  would                                                                    
enforce the  statutes as drafted.  She stated that  when the                                                                    
department   received   information  that   individuals   or                                                                    
companies   were  not   in  compliance,   investigation  and                                                                    
auditing was necessary.  She stated that the  mission of the                                                                    
Department  of Revenue  was to  collect taxes.  She asserted                                                                    
that  businesses owners  were  responsible  for knowing  the                                                                    
laws that  governed the  business. She  felt that  there had                                                                    
been confusion regarding the tax passed in 2004.                                                                                
                                                                                                                                
9:35:20 AM                                                                                                                    
                                                                                                                                
Co-Chair Austerman  believed that the intention  was to save                                                                    
businesses money  on certain things.  He asked  about simply                                                                    
implementing   an  exemption   strictly  for   oil  or   gas                                                                    
development.                                                                                                                    
                                                                                                                                
Commissioner  Rodell   replied  no.   She  noted   that  the                                                                    
department was  relying on rental  companies to  collect the                                                                    
tax on behalf of the  state; the taxpayer was the individual                                                                    
or company  renting the  vehicle. She  asserted that  it was                                                                    
important to recognize the impositions  that would be placed                                                                    
on  companies   to  guarantee  that  the   audit  was  being                                                                    
collected correctly.                                                                                                            
9:36:54 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze asked for  emails and notifications letters                                                                    
that had  been sent to  companies in  2003 and 2004  for the                                                                    
public record.                                                                                                                  
                                                                                                                                
Commissioner Rodell agreed to provide the information.                                                                          
                                                                                                                                
CSSB 178(FIN)  was HEARD and  HELD in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:38:01 AM                                                                                                                    
AT EASE                                                                                                                         
9:40:03 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 178 Amendment #1 Gara.pdf HFIN 4/16/2014 8:30:00 AM
SB 178
SB169 Vax Assess Fund diagram.pdf HFIN 4/16/2014 8:30:00 AM
SB 169
SB169PayerPyramid_15Apr2014.pdf HFIN 4/16/2014 8:30:00 AM
SB 169
SB169 without it.pdf HFIN 4/16/2014 8:30:00 AM
SB 169
Marks SB 138 Gara Response 041514.pdf HFIN 4/16/2014 8:30:00 AM
SB 138
SB 138 4.16.14 Presentation HFIN Edgmon Question.pdf HFIN 4/16/2014 8:30:00 AM
SB 138
SB 138 4.16.14 Resource Reports Required by Appendix A to Part 380 of FERC Regulations.pdf HFIN 4/16/2014 8:30:00 AM
SB 138
SB 138 enalytica - response to Rep Gara.pdf HFIN 4/16/2014 8:30:00 AM
SB 138