Legislature(2015 - 2016)CAPITOL 17

02/24/2015 01:00 PM House TRANSPORTATION



* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 88 FEES FOR TIRES TELECONFERENCED
Heard & Held
*+ HB 91 OPERATING MOTOR VEHICLES IN TRAFFIC LANE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
- Lt. Rodney Dial, DPS
- Gary Biller, President, National Motorists
Association
- Mark Neidhold, Chief of Design & Construction
Standards, Dept. of Transportation & Public
Facilities
Followed by Public Testimony if Time Allows
                      HB 88-FEES FOR TIRES                                                                                  
                                                                                                                                
1:06:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HUGHES announced that the  first order of business would                                                               
be HOUSE  BILL NO.  88, "An  Act relating  to remittance  of tire                                                               
fees; and providing for an effective date."                                                                                     
                                                                                                                                
1:07:57 PM                                                                                                                    
                                                                                                                                
ANNA KIM, Chief of Revenue  Operations, Juneau Office, Department                                                               
of Revenue  (DOR), on behalf  of the administration,  stated that                                                               
HB 88 proposes  to change the deadline for vendors  to report and                                                               
pay  collected tire  fees to  the  last day  of the  month.   She                                                               
explained that tire  fees and payments are due  30 days following                                                               
the last  day of  the calendar  quarter.  Thus  for three  of the                                                               
calendar quarters  the filing  and payment are  due prior  to the                                                               
last day of the month.   This has caused taxpayer confusion about                                                               
filing dates  and resulted in  inadvertent late filings,  as well                                                               
as  penalties and  interest on  late  filings.   This bill  would                                                               
provide a remedy.                                                                                                               
                                                                                                                                
1:09:06 PM                                                                                                                    
                                                                                                                                
MS. KIM stated that Section 1  changes the return and tax payment                                                               
due date  from 30  days following  the last  day of  the calendar                                                               
quarter to  the last day  of the calendar  month.  She  said this                                                               
means the  due dates change  from the  original due dates  of the                                                               
30th of July, October, and January to the 31st.                                                                                 
                                                                                                                                
MS. KIM  stated that Section  2 will  align the payment  and date                                                               
used  to determine  a timely  paid credit  with the  adjusted due                                                               
dates listed  in Section  1.   She relayed  that the  timely paid                                                               
credit is  intended to compensate taxpayers  for collecting taxes                                                               
from customers  and remitting fees  to the state.   She explained                                                               
that  the  timely  paid  credit allows  vendors  to  retain  five                                                               
percent of  the amount of  the tax  collected not to  exceed $900                                                               
per  quarter, to  cover expenses  associated with  collecting and                                                               
remitting the fees.                                                                                                             
                                                                                                                                
1:09:55 PM                                                                                                                    
                                                                                                                                
MS. KIM stated that Section 3  will apply the due date changes to                                                               
the first  calendar quarter after  the effective date of  the act                                                               
and  Section  4  will  add  an immediate  effective  date.    She                                                               
reported  that  the department's  fiscal  note  is zero  and  the                                                               
department is not aware of any opposition to the bill.                                                                          
                                                                                                                                
1:10:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HUGHES asked  whether the schedule for  vendors who sell                                                               
tires  will also  match the  schedule for  those remitting  motor                                                               
fuel taxes.                                                                                                                     
                                                                                                                                
MS. KIM deferred to Mr. Spanos to respond.                                                                                      
                                                                                                                                
1:11:17 PM                                                                                                                    
                                                                                                                                
BRANDON SPANOS, Deputy Director,  Tax Division, Anchorage Office,                                                               
Department of Revenue (DOR), stated that  he was not aware of any                                                               
tire  fee taxpayers  who are  also collecting  motor fuel  taxes;                                                               
however, if this  did occur, the two separate  returns would line                                                               
up.   He explained that motor  fuel taxes are filed  monthly, but                                                               
taxpayer returns  would line up since  the due dates fall  at the                                                               
end  of the  month.   In  addition,  under the  bill  all of  the                                                               
quarterly returns will  fall at the end of the  month rather than                                                               
the 30th day of the month.                                                                                                      
                                                                                                                                
1:12:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HUGHES asked for further  clarification on the reduction                                                               
in revenue of $30,000.                                                                                                          
                                                                                                                                
MR.  SPANOS answered  that the  figure may  be estimated  higher,                                                               
since  the  division has  not  yet  analyzed how  many  taxpayers                                                               
actually pay one  day late, but the figure is  based on estimated                                                               
penalty and interest payments for a  number of late filings.  The                                                               
reduction in  revenue reflects the  loss of  interest, penalties,                                                               
and  taxpayer credits,  he  said.   He  explained that  taxpayers                                                               
paying one  day late  incur a  late filing  penalty of  5 percent                                                               
plus 3.75 percent interest, as well  as a timely filing credit of                                                               
up to $900.                                                                                                                     
                                                                                                                                
1:13:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ORTIZ asked for the genesis  of the bill and if it                                                               
came from the vendors.                                                                                                          
                                                                                                                                
MS.  KIM  answered  that  taxpayers  have  raised  the  issue  of                                                               
inconsistencies in the due dates.                                                                                               
                                                                                                                                
1:13:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  related his  understanding that  this bill                                                               
would reduce the burden for  businesses who sell tires since they                                                               
will have a clear schedule  for remitting tax collections and the                                                               
loss  of revenue  reflects the  division will  not be  collecting                                                               
penalties and interest for vendors with late filings.                                                                           
                                                                                                                                
MS. KIM answered that is correct.                                                                                               
                                                                                                                                
1:14:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  asked for  further clarification  that the                                                               
division will  still collect  late fees,  but the  expectation is                                                               
that since  the deadline  would be  clearer, the  department will                                                               
collect less penalties and interest.                                                                                            
                                                                                                                                
MS. KIM answered that is also correct.                                                                                          
                                                                                                                                
1:14:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FOSTER asked  the department  to elaborate  on the  tax                                                               
timely pay credit loss.                                                                                                         
                                                                                                                                
MS. KIM answered that vendors who  pay timely retain 5 percent of                                                               
the tire fees that the division would normally collect.                                                                         
                                                                                                                                
1:15:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HUGHES asked  how businesses  will be  notified of  the                                                               
proposed change,  for example, whether  vendors will  be notified                                                               
through  the public  notice  process or  if  the department  will                                                               
provide individual notices  to taxpayers.  She  further asked for                                                               
information on the  different types of tire  fees for commercial,                                                               
studded, or off road tire fees.                                                                                                 
                                                                                                                                
MS. KIM explained  that the outreach would be done  by the excise                                                               
tax section.  She said the  division will also need to change its                                                               
forms.   She envisioned  that some type  of announcement  will be                                                               
posted on the  department's website.  She deferred  to Mr. Spanos                                                               
to address tire fees.                                                                                                           
                                                                                                                                
1:16:29 PM                                                                                                                    
                                                                                                                                
MR. SPANOS answered that two  fees are associated with tires, the                                                               
first is  a [$2.50]  fee on the  sale of all  new tires,  and the                                                               
second  is a  fee of  $5  for studded  tires; however,  customers                                                               
buying studded tires are required to pay both fees.                                                                             
                                                                                                                                
CO-CHAIR  HUGHES  asked  whether  fees are  different  for  large                                                               
commercial tires as compared to fees for passenger vehicles.                                                                    
                                                                                                                                
MR. SPANOS confirmed the tire fee  is $2.50, but there is not any                                                               
difference in  fees based on  tire size.   He clarified  that the                                                               
stud fees  are based on  the stud weight  so the $5  fee wouldn't                                                               
apply  to a  small aluminum  stud, but  it would  apply to  steel                                                               
studs.   Further,  tires used  exclusively for  off-road use  are                                                               
exempt from the taxes.                                                                                                          
                                                                                                                                
1:18:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HUGHES,  after  first  determining  no  one  wished  to                                                               
testify, closed public testimony on HB 88.                                                                                      
                                                                                                                                
[HB 88 was held over.]                                                                                                          
                                                                                                                                
[CO-CHAIR HUGHES passed the gavel to Co-Chair Foster].                                                                          
                                                                                                                                

Document Name Date/Time Subjects
HB91 Sponsor Statement ver. P.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Proposed CS ver P.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document emails.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document letter.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document NMA Support for Lane Courtesy Legislation.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document NMA lane-courtesy-fact-sheet.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document Sahlstrom letter.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document States with Keep Right Laws.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Fiscal Note-DOA-DMV-2-20-15.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Fiscal Note-DPS-AST-02-20-15.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 ver E.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB88 Sponsor Statement.pdf HTRA 2/24/2015 1:00:00 PM
HB 88
HB88 ver A.pdf HTRA 2/24/2015 1:00:00 PM
HB 88
HB88 Fiscal Note-0044-DOR-TAX-1-16-15.pdf HTRA 2/24/2015 1:00:00 PM
HB 88