Legislature(2013 - 2014)SENATE FINANCE 532

02/10/2014 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 93 TECHNICAL/VOCATIONAL EDUCATION PROGRAM TELECONFERENCED
Heard & Held
+ SB 71 PAYMENT OF FISHERY RESOURCE LANDING TAX TELECONFERENCED
Moved CSSB 71(FIN) Out of Committee
+ HB 193 MUNICIPAL TAXATION OF TOBACCO PRODUCTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR HOUSE BILL NO. 193(FIN)                                                                                                
                                                                                                                                
     "An Act relating to the joint administration of                                                                            
     tobacco taxes by the state and a municipality."                                                                            
                                                                                                                                
10:31:15 AM                                                                                                                   
                                                                                                                                
DIRK CRAFT,  STAFF, REPRESENTATIVE LANCE  PRUITT, introduced                                                                    
SB  193. He  stated  that  Passage of  CS  HB  193 seeks  to                                                                    
promote  greater  cooperation   and  reciprocal  information                                                                    
sharing  between State  and  local  jurisdictions in  Alaska                                                                    
resulting  in   more  efficient  and   effective  oversight,                                                                    
enforcement  and collection  of  commonly assessed,  legally                                                                    
due taxes (e.g., tobacco tax and rental vehicle tax).                                                                           
The result  of information  sharing between State  and local                                                                    
jurisdictions  is   that  tax  evasion  by   businesses  and                                                                    
individuals will be less likely  to occur, thereby promoting                                                                    
a   more  competitive   business  environment   for  Alaskan                                                                    
businesses  and  decreasing   tax  subsidization  caused  by                                                                    
willful tax  evaders who otherwise  shift the tax  burden to                                                                    
law  abiding   citizens.  Such  joint   information  sharing                                                                    
between state and local government  is a commonly authorized                                                                    
practice in  many other state statutes.  The proposed change                                                                    
to state  statutes is comprised  of two sections.  The first                                                                    
section   amends   existing   language  to   add   political                                                                    
subdivisions  of the  State  to the  list  of entities  with                                                                    
which  the State  can share  information. Implementation  is                                                                    
expected to  be cost  neutral and should  produce additional                                                                    
revenue  through shared  results  of  discovery efforts  and                                                                    
audits. The second  section of the CS HB  193 authorizes the                                                                    
State of Alaska Department  of Revenue (Department) to enter                                                                    
into  an agreement  such as  a  Memorandum of  Understanding                                                                    
(MOU)  with a  municipality, authorizing  the Department  to                                                                    
act as central administrator  of any potential joint tobacco                                                                    
tax  stamp  program  which  meets  their  economy  of  scale                                                                    
criteria.  The purpose  of section  two  of the  bill is  to                                                                    
promote  efficiency  with  respect to  any  potential  joint                                                                    
tobacco  stamp program,  and to  minimize impact  on private                                                                    
sector  stamp  purchasers.  Program  administration  by  the                                                                    
Department would  include central issuance of  joint tobacco                                                                    
stamps  as  well  collection  of  associated  tobacco  stamp                                                                    
revenues  on behalf  of a  municipality. The  cost causer  -                                                                    
cost  payer  principle  would  be in  effect,  such  that  a                                                                    
participating   municipality   would  be   responsible   for                                                                    
reimbursing  the  Department  for direct,  incremental  cost                                                                    
increases  resulting from  a joint  tobacco  tax program.  A                                                                    
number  of  jurisdictions,   particularly  in  more  largely                                                                    
populated  city  areas  around   the  country,  have  multi-                                                                    
jurisdictional tobacco  stamps in use based  on economies of                                                                    
scale.                                                                                                                          
                                                                                                                                
Vice-Chair Fairclough  wondered why the state  was incurring                                                                    
an additional  cost on behalf  of municipalities.  Mr. Craft                                                                    
stated that the Department of  Revenue (DOR) might be better                                                                    
suited to answer the question.                                                                                                  
                                                                                                                                
Senator  Olson  inquired what  the  vendors  thought of  the                                                                    
bill. Mr.  Craft replied that  he understood that  there was                                                                    
no opposition from the vendors.                                                                                                 
                                                                                                                                
10:35:00 AM                                                                                                                   
                                                                                                                                
DANIEL   MOORE,   TREASURER,  MUNICIPALITY   OF   ANCHORAGE,                                                                    
ANCHORAGE  (via   teleconference),  spoke  in   support  the                                                                    
legislation. He stated the bill  served two purposes. It was                                                                    
an information  sharing bill as  well as. It made  sense for                                                                    
the  state  to  administer  the program  on  behalf  of  the                                                                    
municipalities.  He expressed  that there  had been  concern                                                                    
that had been voiced  by lobbyists regarding the information                                                                    
sharing  portion of  the bill;  however,  language had  been                                                                    
developed that  had led to  a consensus between  all parties                                                                    
and he hoped that the  committee would consider adopting it.                                                                    
He referenced a  letter of support from  the Municipality of                                                                    
Anchorage (copy on file):                                                                                                       
                                                                                                                                
     The Municipality  strongly supports  passage of  HB 193                                                                    
     which  benefits municipalities  in Alaska  by promoting                                                                    
     greater cooperation and  reciprocal information sharing                                                                    
     between  State   and  local   jurisdictions  concerning                                                                    
     administration  and enforcement  of commonly  assessed,                                                                    
     legally  due taxes.  The  primary  concept behind  this                                                                    
     legislation  is   consistent  with   joint  information                                                                    
     sharing practices cited in many other state statutes.                                                                      
                                                                                                                                
     HB 193,  if passed, will  result in more  efficient and                                                                    
     effective  oversight,  enforcement  and  collection  of                                                                    
     taxes  assessed  by  both  the   State  of  Alaska  and                                                                    
     municipalities  (i.e., enforcement  of tobacco  tax and                                                                    
     rental  vehicle tax).  Overall  revenue realization  by                                                                    
     the   State  and   municipalities  is   likely  to   be                                                                    
     strengthened  through   shared  results   of  discovery                                                                    
     actions    and    audits.    and    more    coordinated                                                                    
     administration  and   enforcement  of   these  commonly                                                                    
     assessed  taxes  will  serve   to  notably  reduce  tax                                                                    
     evasion,  thereby:  (1)  promoting a  more  competitive                                                                    
     business  environment for  Alaskan businesses;  and (2)                                                                    
     decreasing the tax subsidization  caused by willful tax                                                                    
     evaders who  otherwise shift tax burden  to law abiding                                                                    
     citizens.                                                                                                                  
                                                                                                                                
     In summary HB 193  is sound legislation that encourages                                                                    
     greater intergovernmental  efficiency and effectiveness                                                                    
     in fulfilling  tax collections mandated by  law at both                                                                    
     the  State  and  local  level.  This  bill  levels  the                                                                    
     playing field  for law abiding businesses  and citizens                                                                    
     by helping to reduce the number of willful tax evaders                                                                     
     not paying their fair share of legally due taxes.                                                                          
                                                                                                                                
10:40:45 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough  looked  at   the  fiscal  note,  and                                                                    
wondered if  the Municipality of  Anchorage was  prepared to                                                                    
take  on the  additional  cost. Mr.  Moore  replied that  he                                                                    
provided previous testimony that  state that Anchorage would                                                                    
evaluate the  cost of the program  at the time it  was ready                                                                    
to pursue a local stamp  option. He remarked that there were                                                                    
other considerations  such as  inflation proofing  that were                                                                    
already  built into  its  tobacco tax.  He  felt that  there                                                                    
would need to be an analysis  in order for Anchorage to sign                                                                    
on to  covering the  additional cost.  He furthered  that if                                                                    
multiple   jurisdictions   participated   in   local   stamp                                                                    
programs,  it  would  make  it  more  affordable  and  cost-                                                                    
beneficial for Anchorage.                                                                                                       
                                                                                                                                
Co-Chair Meyer CLOSED public testimony                                                                                          
                                                                                                                                
Vice-Chair Fairclough wondered if  the fiscal note should be                                                                    
amended  to show  a change  of  revenue on  the positive  of                                                                    
$136,700, which would require the  department to wait to set                                                                    
up  the  person  until  the  revenue  was  received  by  the                                                                    
requestor.                                                                                                                      
                                                                                                                                
JOHANNA BALES, DEPUTY DIRECTOR,  TAX DIVISION, DEPARTMENT OF                                                                    
REVENUE  (via  teleconference),  responded  that  Vice-Chair                                                                    
Fairclough had  a fair  assessment of  the fiscal  note. She                                                                    
furthered  that she  was directed  to estimate  the cost  if                                                                    
municipalities  wanted   to  enter  into  a   memorandum  of                                                                    
agreement with the state to  administer a tax stamp on their                                                                    
behalf.  Instead of  showing the  tax stamp  as revenue,  it                                                                    
would be  shown as a  designated general fund that  would be                                                                    
reimbursed from the municipalities.                                                                                             
                                                                                                                                
Senator   Olson  queried   the   frequency  of   flexibility                                                                    
recommendations  at the  cost detriment  to  the state.  Ms.                                                                    
Bales replied that there were  not many programs that worked                                                                    
directly with the government.                                                                                                   
                                                                                                                                
Senator  Olson wondered  how  often investigations  occurred                                                                    
with large sums of money  at stake. Ms. Bales responded that                                                                    
most investigations  did not deal with  millions of dollars,                                                                    
but shared  that there were  some vehicle rental  cases that                                                                    
were in the hundreds of thousands of dollars range.                                                                             
                                                                                                                                
Vice-Chair  Fairclough shared  that  the  Division of  Motor                                                                    
Vehicles (DMV)  had taxation, and  wondered if there  may be                                                                    
dual taxation. She  asked Ms. Bales to be  prepared for that                                                                    
type of discussion at a later meeting.                                                                                          
                                                                                                                                
CS HB 193(FIN) was HEARD and HELD in committee for further                                                                      
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 93 - Sponsor Statement.docx SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 - Supporting Documents- Alaska Training Program Performance 2012.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 AMA TVEP Resolution.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB093-EED-TLS-4-5-13.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 71 Alaska Tax Division 2012 Annual Report.PDF SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 Sponsor Statement.PDF SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 Support - Alaska Scallop Association.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 Support - J&R Fisheries - 3-15-13.PDF SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 Support - Southeast Alaska Fishermen's Alliance.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
SB71 Support - UFA - Sen Resources 03.25.13.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
CSHB 193 Letter of Support - Municipality of Anchorage.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
HB 193 Sectional Analysis.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
HB 193 Sponsor Statement.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
HB 193 Summary of Changes.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
SB 93 TVEP DOL to Legislature Performance Report - Feb 2014 Final.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 DEED Fiscal Note 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 DEED Fiscal Note 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 UA Fiscal Note 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 71 DCCED FiscalNote 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
SB 71 DOR FiscalNote 012114.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
HB193CS(FIN)-DCCED-DCRA-02-07-14.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
HB193CS(FIN)-DOR-TAX-02-07-14.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
CS SB 71 version N.pdf SFIN 2/10/2014 9:00:00 AM
SB 71
SB 93 public testimony - Cleary.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB 93 Support - Ilisagvik College.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
HB 193 - support - Alaska Municipal League.pdf SFIN 2/10/2014 9:00:00 AM
HB 193
SB93 support Enclosures 1-2.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SB93 - support - SSEATEC 12-13-14 1.pdf SFIN 2/10/2014 9:00:00 AM
SB 93
SFIN TVEP 2-11-14 Hearing Response.pdf SFIN 2/10/2014 9:00:00 AM
SB 93