Legislature(2007 - 2008)

07/11/2008 09:01 AM House L&C


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Audio Topic
09:01:30 AM Start
09:01:45 AM HB4004
09:15:47 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB4004-SUSPENDING MOTOR FUEL TAX                                                                                              
                                                                                                                                
                                                                                                                              
9:01:45 AM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  only order of business  would be                                                               
HOUSE BILL NO.  4004, "An Act suspending the motor  fuel tax; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
9:02:08 AM                                                                                                                    
                                                                                                                                
JERRY  BURNETT,   Director,  Administrative   Services  Division,                                                               
Department of  Revenue (DOR), stated  that HB 4004  would suspend                                                               
the motor fuel  tax from August 1, 2008 until  August 1, 2009 for                                                               
all types of motor fuels.   He related that current law imposes a                                                               
tax of $.08 per gallon on  fuels for highway use, $.05 per gallon                                                               
for fuels for marine use, $.047  per gallon for aviation gas, and                                                               
$.032 per  gallon for  jet fuels.   He explained  that exemptions                                                               
from  these  taxes  apply   to  governmental  agencies  including                                                               
contractors  that provide  student  transportation.   He  offered                                                               
that tax  collections total $40  million, and that  suspension of                                                               
this tax  would return money  to businesses and  individuals that                                                               
use and sell these motor fuels.                                                                                                 
                                                                                                                                
9:03:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  inquired as  to whether suspension  of this                                                               
tax would result in personnel  being shifted to some other agency                                                               
function.                                                                                                                       
                                                                                                                                
MR.  BURNETT answered  that an  equivalent of  5.2 personnel  are                                                               
actively involved in collection of  taxes and since highway fuels                                                               
must be  reported to the  federal government for  federal highway                                                               
tax  purposes, the  state  must continue  to  track highway  used                                                               
fuels.  He related his  understanding that the DOR would probably                                                               
not change  the number  of people working  on this  program since                                                               
the suspension is only for a period of one year.                                                                                
                                                                                                                                
9:04:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH inquired  as to  how the  taxes are  used so                                                               
that the public is aware of the effect of the tax suspension.                                                                   
                                                                                                                                
MR.  BURNETT explained  that the  state does  not have  dedicated                                                               
taxes except  for those that  were instituted prior  to statehood                                                               
or that are  required for federal programs.  He  offered that the                                                               
funds, for the  most part, go into the state's  general fund.  He                                                               
related an exception for aviation  fuel since the state shares 60                                                               
percent  of  the  fuel  tax collected  at  municipally  owned  or                                                               
operated  airports  with  the municipalities,  which  amounts  to                                                               
about $150,000 per year.   He elaborated that an appropriation in                                                               
the  appropriations  bill will  continue  the  tax sharing.    He                                                               
projected that the  state taxes collected for  the first quarter,                                                               
due to escalating  oil prices, will exceed the amount  of all the                                                               
appropriations that have been requested  in this special session,                                                               
such  that   the  "hit"  to   the  general  fund  would   not  be                                                               
significant.                                                                                                                    
                                                                                                                                
9:06:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH  related his understanding that  other states                                                               
use a  motor fuel tax for  highway maintenance.  Since  Alaska is                                                               
unique in  its structure,  and the taxes  are not  dedicated, the                                                               
difference between this state and  others is that the tax doesn't                                                               
come out of any specific fund.                                                                                                  
                                                                                                                                
MR. BURNETT  agreed that "for  the most part, that  is absolutely                                                               
correct."                                                                                                                       
                                                                                                                                
REPRESENTATIVE BUCH  referred to  the fiscal  note from  the DOR.                                                               
He offered that the $150,000 [for  the 60 percent of aviation gas                                                               
revenues that  are shared  with municipalities]  is not  noted on                                                               
page 1,  but offered it is  listed on page  2 as a notation.   He                                                               
surmised the funding will be appropriated at a later date.                                                                      
                                                                                                                                
MR. BURNETT  agreed, provided that  the legislature  agrees that,                                                               
"we need  to keep  the municipalities whole"  since they  are not                                                               
collecting additional funds.                                                                                                    
                                                                                                                                
9:07:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  inquired as  to whether the  suspension of                                                               
motor fuel tax will jeopardize matching federal funds.                                                                          
                                                                                                                                
MR.  BURNETT answered  no,  so  long as  the  state continues  to                                                               
account  and  report  sales  of  highway  taxes  to  the  federal                                                               
government.                                                                                                                     
                                                                                                                                
9:08:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  inquired as  to whether the  committee can                                                               
obtain confirmation  from the legislative legal  attorney on that                                                               
matter.                                                                                                                         
                                                                                                                                
CHAIR OLSON responded he would do so.                                                                                           
                                                                                                                                
REPRESENTATIVE  RAMRAS related  that small  service stations  are                                                               
"pinched"  and  further  inquired  as to  any  assurance  that  a                                                               
suspension of a fuel tax would be passed on to the consumers.                                                                   
                                                                                                                                
MR. BURNETT answered that there  isn't a guarantee that consumers                                                               
will see a reduction.   He related that if the  motor fuel tax is                                                               
not suspended  that consumers will continue  to pay the tax.   He                                                               
offered  that Illinois  and Indiana  suspended their  gas tax  in                                                               
2000 and  the follow-up studies  show that the pass  through rate                                                               
was between 60 to 80 percent of the tax savings.                                                                                
                                                                                                                                
9:09:42 AM                                                                                                                    
                                                                                                                                
RANDY  RUARO, Special  Staff Assistant,  Office of  the Governor,                                                               
added,  in response  to Representative  Ramras' concern,  offered                                                               
that  to  the  extent  that   that  his  constituents  are  being                                                               
"pinched" at the  retail level, this money would be  spent in the                                                               
Fairbanks private  sector.  Thus,  the motor fuel  tax suspension                                                               
would still benefit Alaskans, whether it  is an 80 or 100 percent                                                               
pass through.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  RAMRAS highlighted  that  it could  also stay  in                                                               
pocket  of  [corporations]  such  as the  large  stores  or  non-                                                               
independent gas stations.   He related his  understanding that no                                                               
guarantee exists, just a hope that it will assist consumers.                                                                    
                                                                                                                                
MR.  BURNETT characterized  it as  "more than  a hope"  since the                                                               
competitive force of the market enters  into it.  He related that                                                               
when stations  compete for customers,  they drop prices  in order                                                               
to attract more customers.   He related that Illinois and Indiana                                                               
reported that  the pass through was  effective at about 60  to 80                                                               
percent.                                                                                                                        
                                                                                                                                
9:11:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  said he hopes  that on August 1,  2008 that                                                               
the  advertised prices  would drop  $.08  cents per  gallon.   He                                                               
opined  that the  tax suspension  might offset  increases in  the                                                               
cost of fuel and as a result  the pump price would stay the same.                                                               
He offered  that the  state collects  the tax,  remits it  to the                                                               
federal government, and that the  state is reimbursed about $5.77                                                               
for each $1 remitted.                                                                                                           
                                                                                                                                
MR. RUARO responded that he is not  sure of the exact amount.  He                                                               
explained  that it  is  not relevant  to  the federal  government                                                               
whether  a motor  fuel tax  that is  collected and  spent on  the                                                               
state's highways or  if the state funds the  expenditure from the                                                               
general fund since,  unlike most states,  Alaska does  not have a                                                               
dedicated motor fuel tax.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GATTO inquired  as  to whether  the state  remits                                                               
motor  fuel tax  funds  collected to  the  federal government  or                                                               
whether the federal government only collects a portion.                                                                         
                                                                                                                                
MR.  RUARO  related  his understanding  that  with  most  federal                                                               
programs,  the  state  makes  the  expenditure  and  the  federal                                                               
government  reimburses  about  90  percent based  on  a  formula.                                                               
Therefore, it avoids the situation  in which the state collects a                                                               
certain amount, remits it, and obtains  a refund.  Instead, it is                                                               
a matter  of the Federal  Highway Administration's review  of the                                                               
state's  overall  expenditure  without regard  for  the  specific                                                               
funding source.                                                                                                                 
                                                                                                                                
9:13:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   related  her  understanding   that  this                                                               
process  would be  similar  to  how changes  in  sales taxes  are                                                               
tracked and  that if the sales  tax is reduced that  no guarantee                                                               
exists that the reduction is passed on to the consumers.                                                                        
                                                                                                                                
MR. RUARO answered that it is  not different.  He maintained that                                                               
if  the motor  fuel tax  is  not suspended,  that consumers  will                                                               
continue to pay an additional $3  million per month in motor fuel                                                               
taxes.                                                                                                                          
                                                                                                                                
9:14:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  posed a scenario  in which the  motor fuel                                                               
tax is  suspended, but the  rates are not lowered  by businesses.                                                               
She inquired as to whether  that would represent anti-competitive                                                               
or anti-trust activities.                                                                                                       
                                                                                                                                
MR.  RUARO  offered  that  he  is not  an  expert  on  anti-trust                                                               
matters.    However,  he  surmised  that  activity  could  be  an                                                               
indication of some  agreement to keep prices at  a certain level.                                                               
He  related  that  stations  will   likely  try  to  entice  more                                                               
customers [by lowering prices.]                                                                                                 
                                                                                                                                
9:15:22 AM                                                                                                                    
                                                                                                                                
CHAIR  OLSON announced  that the  committee would  recess to  the                                                               
"call  of the  chair."   He said  he did  not anticipate  that it                                                               
would be  before the  end of  next week.   He  said that  he will                                                               
allow AGIA  to work its  way through  the system prior  to taking                                                               
any action on  HB 4004.  He  noted that he would  attempt to give                                                               
members as much advance notice as possible.                                                                                     

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