Legislature(2011 - 2012)CAPITOL 17

03/29/2011 01:00 PM House TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 62 PASSENGER VEHICLE RENTAL TAX TELECONFERENCED
Moved CSHB 62(TRA) Out of Committee
+= HB 57 BICYCLE PROGRAM TELECONFERENCED
Moved CSHB 57(TRA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
               HB 62-PASSENGER VEHICLE RENTAL TAX                                                                           
                                                                                                                                
1:51:42 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON announced that  the final order of business would                                                               
be HOUSE BILL  NO. 62, "An Act relating  to excluding motorcycles                                                               
and motor-driven cycles from the passenger vehicle rental tax."                                                                 
                                                                                                                                
1:52:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LINDSEY HOLMES,  thanked  members  and asked  her                                                               
staff, Mike Coumbe, to walk members through the bill.                                                                           
                                                                                                                                
1:52:29 PM                                                                                                                    
                                                                                                                                
MIKE COUMBE,  Staff, Representative Lindsey Holmes,  on behalf of                                                               
one of  the joint prime sponsors  of the bill, explained  that HB
62  would exempt  motorcycles from  the passenger  vehicle rental                                                               
tax.   He  clarified that  this  bill only  refers to  motorcycle                                                               
rental taxes  and not to  sales, import registration  or anything                                                               
else.  This bill would  help support long-range economic benefits                                                               
of  small  businesses catering  to  independent  travelers.   The                                                               
people  who  rent  motorcycles  tend to  visit  remote  areas  of                                                               
Alaska.    They   stay  at  smaller  hotels  and   eat  at  local                                                               
restaurants,  which is  good  for Alaska's  economy.   Making  an                                                               
exception for  seasonal rental  businesses is  not new,  he said.                                                               
When  the original  law was  passed, motor  home or  recreational                                                               
vehicle  rentals  were given  the  lower  rate of  three  percent                                                               
vehicle rental  tax due  to the seasonal  nature of  the rentals.                                                               
With  a  short  rental  season,  businesses  offering  motorcycle                                                               
rentals  face similar  challenges.   The businesses  must pay  to                                                               
keep their  motorcycle fleet  in storage  during the  long winter                                                               
months.   These costs are  passed on  to tourists and  others who                                                               
rent motorcycles.   Adding a 10 percent  passenger vehicle rental                                                               
tax to  the total  rental makes the  motorcycle rental  rate very                                                               
high  compared to  other states.    In 2003,  when the  passenger                                                               
vehicle rental tax was under  discussion, motorcycle rentals were                                                               
not even considered.  Four  years later the Department of Revenue                                                               
(DOR)  noticed  motorcycle  rental  businesses  were  active  and                                                               
notified the  handful of businesses  that they must  also collect                                                               
the  passenger  vehicle rental  tax.    Since the  motor  vehicle                                                               
rental  tax  was  enacted, the  legislature  has  exempted  other                                                               
vehicle rentals  that inadvertently fell under  the definition of                                                               
passenger  vehicles,  including   taxicabs,  rental  trucks,  and                                                               
warranty work performed by auto  dealers.  The seasonal nature of                                                               
the  motorcycle  rental  business,   along  with  the  high  cost                                                               
associated  with   these  businesses,  and  the   low  number  of                                                               
businesses  are reasons  to exempt  motorcycle rentals  from this                                                               
tax.                                                                                                                            
                                                                                                                                
1:55:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG commented  that  the sponsor  statement                                                               
reads, "It is  difficult to cook a meal in  ones motorcycle."  He                                                               
found this amusing but informative.                                                                                             
                                                                                                                                
REPRESENTATIVE HOLMES commented on the sense of humor.                                                                          
                                                                                                                                
CHAIR P. WILSON  referred to the fiscal note and  pointed out the                                                               
total tax collected is $12,000 for motorcycle rentals.                                                                          
                                                                                                                                
1:57:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT   expressed  surprise   that  recreational                                                               
vehicle rental tax rate is  set at three percent for recreational                                                               
vehicles (RVs).   He asked  for the  vehicle rental tax  rate for                                                               
motor vehicles.                                                                                                                 
                                                                                                                                
MR. COUMBE answered that motor vehicles are taxed 10 percent.                                                                   
                                                                                                                                
1:57:54 PM                                                                                                                    
                                                                                                                                
NANCY  HULL, Owner,  Alaska  Motorcycle  Adventures, stated  that                                                               
this is  her 18th  summer renting motorcycles  to tourists.   She                                                               
explained that her  customers typically have a  big "bucket list"                                                               
of places in  the world they want to ride  their motorcycles.  In                                                               
2003, when House  Bill 271 was passed relating  to vehicle rental                                                               
taxes, the legislature did not  hold any discussion on motorcycle                                                               
rental businesses  and tourism in  Alaska.  Her business  was not                                                               
aware of the vehicle rental tax  so she did not collect initially                                                               
it.   In 2008, a  DOR employee  contacted her business  to advise                                                               
her  that she  was required  to  collect the  10 percent  vehicle                                                               
rental tax.   She  explained motorcycle  rental rates,  which are                                                               
$125 to  $240 per day.   Thus, the tax  on a motorcycle  with the                                                               
rate of $200 per day would be $20  per day or $140 for a one week                                                               
rental.  However, the tax for an  RV rental of $200 per day would                                                               
only be $34.50 per week.                                                                                                        
                                                                                                                                
2:00:30 PM                                                                                                                    
                                                                                                                                
MS. HULL pointed  out that cruise ship passengers  only pay about                                                               
$34.50 in taxes for seven days.   The taxes on motorcycle rentals                                                               
have  been  significantly  higher.   She  recalled  one  customer                                                               
rented two motorcycles and paid $386  in vehicle rental tax.  She                                                               
highlighted  that  many  motorcycle customers  travel  to  remote                                                               
areas  on the  road system,  such  as Paxson.   Communities  that                                                               
rarely  have  seen  RV tourists  receive  tourist  business  from                                                               
motorcycle travelers.  She asked  members to consider eliminating                                                               
the tax  so potential customers  could afford to come  to Alaska.                                                               
In response  to Chair  P. Wilson, she  restated that  the average                                                               
motorcycle rental fee is $180 to $200 per day.                                                                                  
                                                                                                                                
2:03:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  asked  whether   the  $200  also  would                                                               
include insurance costs.                                                                                                        
                                                                                                                                
MS.  HULL  stated  the  rental   fee  includes  insurance.    She                                                               
explained that exemptions  from the tax are not  specified in the                                                               
law  so insurance  is  also taxed.   She  related  that RVs  have                                                               
exemptions  on  a   wide  range  of  item,   but  exemptions  for                                                               
motorcycles are not  currently allowed.  In response  to Chair P.                                                               
Wilson, she  stated that  most of her  customers bring  their own                                                               
helmets.                                                                                                                        
                                                                                                                                
2:05:42 PM                                                                                                                    
                                                                                                                                
PHILLIP  FREEMAN, Alaska  Rider  Tours, stated  that his  company                                                               
provides motorcycle rentals  in Spenard.  He related  that he had                                                               
been asked to repay  back taxes.  He has been  in business for 12                                                               
years, has  ten employees,  and a  fleet of  40 motorcycles.   He                                                               
pointed  out that  he  competes with  motorcycle  rentals in  the                                                               
Lower 48.  He  said if owners had been notified  of the tax, they                                                               
could  have collectively  asked  the legislature  to consider  an                                                               
exemption.  His  customers want to travel to  Manley Hot Springs,                                                               
Central, and Prudhoe Bay, he said.   The ten percent tax has been                                                               
tough on  his business due to  the short rental season,  which is                                                               
about 12 weeks long.  In  response to Chair P. Wilson, he advised                                                               
that the average  motorcycle rental fees per day  range from $150                                                               
to $200.                                                                                                                        
                                                                                                                                
2:08:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  related he  has a  specific number  of days                                                               
rental in  the twelve week  season.   He asked whether  this bill                                                               
would increase his motorcycle rentals.                                                                                          
                                                                                                                                
MR. FREEMAN  responded while he  did not believe that  the length                                                               
of the  rental period would  increase due to the  constraints due                                                               
to weather, the price point would  make him more competitive.  He                                                               
agreed that many people  have a bucket list of places  to go.  If                                                               
his  prices  are higher  than  competitors  in other  places,  it                                                               
stands to  reason that  his business  will have  fewer customers.                                                               
In  further response  to Representative  Feige, he  agreed HB  62                                                               
would make motorcycle rentals more appealing.                                                                                   
                                                                                                                                
2:09:57 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  asked whether  he  was required  to repay  back                                                               
taxes for motorcycle vehicle rentals.                                                                                           
                                                                                                                                
MR. FREEMAN  answered he visited  the tax office and  was granted                                                               
the  option to  collect the  vehicle rental  tax from  that point                                                               
forward.   The DOR  explained that  the lawyers  never considered                                                               
motorcycles when the initial bill passed the legislature.                                                                       
                                                                                                                                
2:10:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  whether people  boycott travel  to                                                               
Alaska since the motorcycle rental rates are higher.                                                                            
                                                                                                                                
MR. FREEMAN responded  absolutely.  He related  a common question                                                               
people ask him  is why they should  pay twice as much  to come to                                                               
Alaska.  Additionally, he related  that more people are comparing                                                               
prices due to the downturn in  the economy.  Customers may decide                                                               
go to New Zealand instead, he said.                                                                                             
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether this tax  break would cause                                                               
more people to  come to Alaska and if he  has any commitment from                                                               
people.                                                                                                                         
                                                                                                                                
MR. FREEMAN offered  his belief that more people  would travel to                                                               
Alaska.   He  offered  to  track this  with  his  customers.   In                                                               
further  response  to  Representative  Johnson  he  said  he  has                                                               
specifically been turned down due to the tax rate.                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON offered  his  belief  that cutting  taxes                                                               
would increase motorcycle rental businesses.   He said that if HB
62 is  good for motorcycle rentals  it is also good  for business                                                               
in Alaska.                                                                                                                      
                                                                                                                                
2:12:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  recalled during the Dalton  Highway trip                                                               
the  committee took  last summer  that  they encountered  several                                                               
groups of  motorcycle riders on  the Dalton Highway.   He offered                                                               
his belief  chances are good  that some motorcycle  travelers had                                                               
rented   motorcycles.     He  suggested   advertising  could   be                                                               
attractive and might include traveling  to "the end of the road,"                                                               
which would be the Arctic Ocean.   He thought HB 62 may encourage                                                               
more people to come to Alaska.                                                                                                  
                                                                                                                                
2:13:23 PM                                                                                                                    
                                                                                                                                
BARRY MATTESON, Owner,  House of Harley, stated  that his company                                                               
just  started in  the motorcycle  renting business.     He stated                                                               
that the  base rate  $250 a day.   He offered  that the  Lower 48                                                               
rate ranges  from $95  to $125  per day.   He offered  his belief                                                               
that he  loses potential rental business  due to the prices.   He                                                               
related  that  the  passenger  rental  tax  just  makes  it  more                                                               
expensive for his  customers  In 2010 the House  of Harley rented                                                               
motorcycles  to  approximately   200  rental  customers,  largely                                                               
traveling from  the Lower 48.   As previous  testimony indicated,                                                               
these travelers  are more likely  to eat in restaurants  and stay                                                               
in  hotels.   His  business employs  an  additional two  seasonal                                                               
employees,  incurs  training, plus  his  core  employees work  an                                                               
additional  10 to  20  hours  to maintain  the  fleet during  the                                                               
offseason.   He characterized  his effort  as labor  intensive to                                                               
maintain 15 motorcycles.   The average cost  of a Harley-Davidson                                                               
motorcycle ranges from  $17,000 to $20,000.   The motorcycles are                                                               
turned around at  18,000 miles, he added.   The motorcycle rental                                                               
business has  been an  expensive endeavor  and the  additional 10                                                               
percent tax creates  a burden such that rentals  may not continue                                                               
to  work for  the  House of  Harley.   In  response  to Chair  P.                                                               
Wilson, he indicated  his rental fleet size ranges from  12 to 15                                                               
motorcycles.                                                                                                                    
                                                                                                                                
2:16:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  observed  this  seems to  be  a  capital                                                               
intensive  business  with a  short  time  period to  recover  the                                                               
business investment.                                                                                                            
                                                                                                                                
MR.  MATTESON answered  yes.    He responded  that  the House  of                                                               
Harley does 90 percent of its rental business in three months.                                                                  
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether Mr. Matteson  was convinced                                                               
this bill would increase his business.                                                                                          
                                                                                                                                
MR. MATTESON  responded he was  unsure whether it  would increase                                                               
his  business  but  without  HB  62 that  he  may  not  have  his                                                               
motorcycle rental business.                                                                                                     
                                                                                                                                
2:17:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  whether  vehicles  such as  snow                                                               
machines are rented in the winter encounter the same issues.                                                                    
                                                                                                                                
MR.  MATTESON answered  that the  House of  Harley does  not rent                                                               
snow machines.                                                                                                                  
                                                                                                                                
MS.  HULL answered  that Alaska  Motorcycle  Adventures does  not                                                               
rent snow machines but only rents motorcycles.                                                                                  
                                                                                                                                
MR.  FREEMAN  responded  that  Alaska   Rider  Tours  only  rents                                                               
motorcycles.                                                                                                                    
                                                                                                                                
2:17:54 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON, after first  determining no one else  wished to                                                               
testify, closed public testimony on HB 62.                                                                                      
                                                                                                                                
2:18:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  made a motion  to adopt Amendment  1, A.1,                                                               
labeled  27-LS0323\A.1,   Luckhaupt,  3/17/11,  which   read,  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 2, following "tax":                                                                                         
         Insert "; and providing for an effective date"                                                                       
                                                                                                                                
     Page 2, following line 12:                                                                                                 
     Insert a new bill section to read:                                                                                         
       "* Sec. 2. This Act takes effect immediately under                                                                   
     AS 01.10.070(c)."                                                                                                          
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE JOHNSON asked whether HB 62 could be retroactive.                                                                
                                                                                                                                
REPRESENTATIVE FEIGE  asked whether  the effective date  could be                                                               
dated January 1, 2010.                                                                                                          
                                                                                                                                
CHAIR P. WILSON did not think it would make much difference.                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  stated that  if retroactivity  would help                                                               
provide relief he would support it to help small businesses.                                                                    
                                                                                                                                
2:19:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved  to report the HB  62, as amended,                                                               
from  the  committee  with  individual  recommendations  and  the                                                               
accompanying  fiscal  note.    There  being  no  objection,  CSHB
62(TRA)  was  reported  from the  House  Transportation  Standing                                                               
Committee.