Legislature(2013 - 2014)SENATE FINANCE 532

04/01/2014 01:30 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 178 PASSENGER VEHICLE RENTAL TAX
Heard & Held
= HB 305 JUNK DEALER & METAL SCRAPPER LICENSING
Heard & Held
= HB 297 HOME ENERGY RATING SYSTEMS
Heard & Held
SENATE BILL NO. 178                                                                                                           
                                                                                                                                
     "An Act relating to the application of the passenger                                                                       
     vehicle rental tax; and providing for an effective                                                                         
     date."                                                                                                                     
                                                                                                                                
1:42:13 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  inquired how  the passenger  vehicle rental                                                                    
tax would  be implemented, particularly for  vehicles rented                                                                    
for use only on the North Slope.                                                                                                
                                                                                                                                
MATT FONDER,  DIRECTOR, TAX DIVISION, DEPARTMENT  OF REVENUE                                                                    
(via  teleconference), responded  that all  vehicles on  the                                                                    
North Slope, rented for a period  of at least 28 days, would                                                                    
be exempt from the tax.                                                                                                         
                                                                                                                                
Senator Hoffman surmised  that a vehicle rented  for 21 days                                                                    
would be subject to the tax.                                                                                                    
                                                                                                                                
Mr. Fonder replied in the affirmative.                                                                                          
                                                                                                                                
Co-Chair Meyer understood that  vehicles that were purchased                                                                    
on the  North Slope did not  need to be registered  and were                                                                    
not subject to a registration tax.                                                                                              
Mr. Fonder  responded that  the question  was not  under the                                                                    
per-view of the Department of Revenue.                                                                                          
                                                                                                                                
1:43:58 PM                                                                                                                    
Senator  Olson inquired  if Co-Chair  Meyer referencing  the                                                                    
road system that was maintained by the North Slope Borough.                                                                     
                                                                                                                                
Co-Chair Meyer responded in the affirmative.                                                                                    
                                                                                                                                
Senator  Olson explained  that the  North Slope  Borough did                                                                    
not require the  tax on roads that it  owned and maintained,                                                                    
but that  not all roads  were included; the  Dalton Highway,                                                                    
for example, was part of  the state system and would require                                                                    
payment of a registration tax.                                                                                                  
                                                                                                                                
Co-Chair Meyer  thought that roads at  Prudhoe Bay, Kuparuk,                                                                    
and Alpine were all exempt from having registered vehicles.                                                                     
                                                                                                                                
Senator Olson pointed out that those were private roads.                                                                        
                                                                                                                                
1:44:33 PM                                                                                                                    
                                                                                                                                
Senator Hoffman inquired whether  the legislation applied to                                                                    
all  the vehicles  that were  rented  regardless of  whether                                                                    
they were driven on borough or state roads.                                                                                     
                                                                                                                                
Mr. Fonder believed  that there was a  provision in existing                                                                    
statute that pertained to driving  on a public right-of-way.                                                                    
He thought that  if a vehicle was rented in  Anchorage for a                                                                    
three  week  period,  traveled  up  the  Dalton  Highway  to                                                                    
Deadhorse,  the  passenger  vehicle   rental  tax  would  be                                                                    
applied regardless of the roads taken.                                                                                          
                                                                                                                                
Senator   Hoffman    requested   that   DOR    clarify   the                                                                    
interpretation of the law and get back to him.                                                                                  
                                                                                                                                
1:46:08 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer thought  that  if the  vehicle  was used  on                                                                    
private roads  on the North  Slope, the Department  of Motor                                                                    
Vehicles did not require vehicle registration.                                                                                  
                                                                                                                                
Vice-Chair Fairclough  referenced a prior fiscal  note which                                                                    
had proposed a  higher cost due to  retroactivity. She noted                                                                    
that the current fiscal note before that was zero.                                                                              
                                                                                                                                
Mr.  Fonder  replied  that  the  original  fiscal  note  had                                                                    
addressed   legislation   that   had  a   retroactivity   of                                                                    
approximately 10  years; the burden  would have been  on the                                                                    
department  to  ensure  that  any  taxes  paid  during  that                                                                    
period, that should  not have been paid,  would be refunded.                                                                    
The current  draft of  the bill  had an  immediate effective                                                                    
date, which had resulted in the new fiscal note.                                                                                
                                                                                                                                
1:48:19 PM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough understood  that individual tax payers                                                                    
had paid vehicle rental tax in the past.                                                                                        
                                                                                                                                
Mr. Fonder responded  in the affirmative. He  and added that                                                                    
the tax was paid through  the rental companies and submitted                                                                    
to the department on a quarterly basis.                                                                                         
                                                                                                                                
Vice-Chair   Fairclough   asked   if  the   proposition   of                                                                    
retroactivity would mean  that the state would  be forced to                                                                    
seek  individual   tax  payers,   rather  than   the  rental                                                                    
entities.                                                                                                                       
                                                                                                                                
Mr.Fonder said yes.                                                                                                             
                                                                                                                                
Vice-Chair Fairclough  asserted that the tax  should be fair                                                                    
and  equitable and  that the  funds from  the tax  should be                                                                    
used to maintain state roads.                                                                                                   
                                                                                                                                
Mr. Fonder agreed.                                                                                                              
                                                                                                                                
Mr. Fonder returned to  Senator Hoffman's question regarding                                                                    
the  public  right-of-way.  He stated  that  current  statue                                                                    
defined a  passenger vehicle  in AS  28.90.990 as  a vehicle                                                                    
that  was driven,  or moved  on a  highway, or  other public                                                                    
right-of-way in the state.                                                                                                      
                                                                                                                                
Co-Chair Meyer OPENED public testimony.                                                                                         
                                                                                                                                
1:52:03 PM                                                                                                                    
                                                                                                                                
JON  COOK,   CHIEF  FINANCIAL  OFFICER,   AIRPORT  EQUIPMENT                                                                    
RENTALS  INC.,  FAIRBANKS  (via  teleconference),  spoke  in                                                                    
support of  SB 178. He  pointed out that the  bill addressed                                                                    
several unintended consequences of  the original vehicle tax                                                                    
legislation. He  believed that  issues regarding  the rental                                                                    
tax on the North Slope should  not be addressed in the bill.                                                                    
He noted that  rentals under 28 days out  of Deadhorse would                                                                    
be subject  to the  tax. He asserted  that his  business was                                                                    
located on  a private road  system should not be  subject to                                                                    
the tax.  He believed that  the DOR  had no right  to impose                                                                    
the tax on the North Slope.                                                                                                     
                                                                                                                                
1:59:05 PM                                                                                                                    
                                                                                                                                
RUDY  VONIMHOF,  PRESIDENT,  DELTA LEASING,  LLC,  spoke  in                                                                    
support  of SB  178. He  relayed that  his company  had been                                                                    
corresponding with DOR on the  issue since 2010. In 2013 the                                                                    
department had asked the company  to file returns on the tax                                                                    
and the company had responded that  they did not need to pay                                                                    
the  tax. He  noted  that he  had written  a  letter to  the                                                                    
department  detailing  the   2010  correspondence  (copy  on                                                                    
file). He said that on November  2, 2013 his Prudhoe Bay and                                                                    
Anchorage  offices  were  the  subject  of  a  raid  by  the                                                                    
Department of  Revenue the  results of  which were  that DOR                                                                    
confiscated 70 boxes  of files and computers.  The files had                                                                    
not been  returned. He opined  that BP had written  a letter                                                                    
to DOR explaining that the  DMV did not consider the greater                                                                    
Prudhoe Bay area taxable for  vehicle registration; a map of                                                                    
operations was included with the  letter that detailed where                                                                    
state maintenance began and ended  on the Dalton Highway. He                                                                    
shared  that  the  checkpoints between  public  and  private                                                                    
roads were monitored by strong  security and required badges                                                                    
for access.  He expressed  concern with the  current version                                                                    
of the  bill and  opined that  DOR maintained  possession of                                                                    
the files confiscated in 2013.                                                                                                  
                                                                                                                                
2:06:24 PM                                                                                                                    
                                                                                                                                
Mr. VonImhof  related that his  company had never  felt that                                                                    
the  tax  was applicable  to  its  customers and  had  never                                                                    
collected the tax.                                                                                                              
                                                                                                                                
2:08:53 PM                                                                                                                    
                                                                                                                                
Co-Chair   Meyer  assumed   that  Mr.   VonImhof's  business                                                                    
operated out of Deadhorse.                                                                                                      
                                                                                                                                
Mr. VonImof replied in the affirmative.                                                                                         
                                                                                                                                
2:09:06 PM                                                                                                                    
                                                                                                                                
Senator  Olson  wondered  if  the  security  guards  at  the                                                                    
checkpoints were armed.                                                                                                         
                                                                                                                                
Mr. VonImof replied that he was unsure.                                                                                         
                                                                                                                                
2:09:54 PM                                                                                                                    
                                                                                                                                
Senator Hoffman spoke to an  intent letter and asked whether                                                                    
the contents of the letter were  meant to be included in the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Mr. VonImof believed  that an intent letter  had been slated                                                                    
to  be drafted  into the  legislation, but  that it  had not                                                                    
been written into the current version.                                                                                          
                                                                                                                                
2:10:24 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough   inquired  whether   the  electronic                                                                    
information seized in the raid had been returned.                                                                               
                                                                                                                                
Mr. VonImhof stated that the  company maintained the server,                                                                    
which  was imaged.  He said  that front  desk computers  and                                                                    
technician  computers in  the maintenance  facility had  not                                                                    
been  seized.  He relayed  that  the  hard drives  of  three                                                                    
computers had been returned in January 2014.                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  probed  whether when  the  computers                                                                    
were seized, the company had  been able to perform a back-up                                                                    
and  if  the  business  had been  totally  disabled  by  the                                                                    
seizure.                                                                                                                        
                                                                                                                                
Mr.  VonImhof  replied  that  the  IT  conversion  had  been                                                                    
unexpected. He said that most  of the information resided on                                                                    
a  server and  that his  business  was allowed  to keep  its                                                                    
server. Employees  personal downloads on work  computers had                                                                    
not been returned.                                                                                                              
                                                                                                                                
2:12:31 PM                                                                                                                    
                                                                                                                                
Mr. VonImof reiterated that he supported the current bill.                                                                      
                                                                                                                                
Co-Chair Meyer  believed that the  current bill  would still                                                                    
charge a tax on private roads on the North Slope.                                                                               
                                                                                                                                
Mr.  VonImhof  responded  that   he  was  surprised  at  the                                                                    
Department  of   Revenue's  position  on  Prudhoe   Bay.  He                                                                    
expressed concern for that aspect of the legislation.                                                                           
                                                                                                                                
2:13:25 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer asked  whether the  company leased  vehicles                                                                    
for longer than a 30 day period.                                                                                                
                                                                                                                                
Mr. VonImhof responded  that it varied. He  offered that the                                                                    
vast majority of business  operations were long-term leases,                                                                    
meaning  more  than 6  months.  He  opined that  there  were                                                                    
outstanding issues between industry and DOR on the topic.                                                                       
                                                                                                                                
2:15:36 PM                                                                                                                    
                                                                                                                                
RANDY    JOHNSON,     TYLER    RENTAL,     KETCHIKAN    (via                                                                    
teleconference), spoke  in support  of SB 178.  He expressed                                                                    
reservations  regarding truck  rentals  on non-public  roads                                                                    
and support for a retroactivity  clause. He related that his                                                                    
company  had never  received  notice on  the  tax since  its                                                                    
inception in  2004 and as  a result had never  collected the                                                                    
tax  from its  customers.  He understood  that  most of  the                                                                    
vehicle rental companies had received  notice of the tax and                                                                    
that  he  could only  assume  that  the  reason it  was  not                                                                    
notified was  because it  was not  originally the  intent to                                                                    
tax businesses like Tyler Rental.                                                                                               
                                                                                                                                
2:19:11 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
Senator Hoffman questioned whether  the sponsor had intended                                                                    
that the legislation would not apply to certain vehicles.                                                                       
                                                                                                                                
2:19:53 PM                                                                                                                    
                                                                                                                                
Senator  Bishop  stated that  the  sponsor's  intent was  to                                                                    
clarify that Prudhoe Bay would be exempt from the tax.                                                                          
                                                                                                                                
2:20:21 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  offered that  if the  DOR thought  that the                                                                    
intent  was that  the  Prudhoe Bay  should  be taxed,  there                                                                    
needed to be clarification.                                                                                                     
                                                                                                                                
Senator Olson  asked whether only  vehicles rented  on state                                                                    
maintained roads should be taxed.                                                                                               
                                                                                                                                
Senator Bishop noted  that the original intent  had been for                                                                    
passenger  vehicles during  the  summer  tourist season  and                                                                    
that it had  never been to target rentals in  Prudhoe Bay or                                                                    
remote mine sites.                                                                                                              
                                                                                                                                
2:21:24 PM                                                                                                                    
                                                                                                                                
Senator  Olson inquired  if the  bill's original  intent had                                                                    
been  to tax  people on  private mining  roads in  Southeast                                                                    
Alaska.                                                                                                                         
                                                                                                                                
Senator Bishop responded that it  had not been the intent to                                                                    
do so.                                                                                                                          
                                                                                                                                
Senator Olson  stressed the  need for  further clarification                                                                    
in order to stave future raids on small businesses.                                                                             
                                                                                                                                
2:22:15 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough asserted  that ignorance  of the  law                                                                    
was not defensible in court  and that it would be impossible                                                                    
for the state to notify every single business of every law.                                                                     
                                                                                                                                
Co-Chair Meyer  thought that his  staff needed to  work with                                                                    
Senator  Bishop's staff  in order  to craft  a comprehensive                                                                    
piece of  legislation. He  believed that  the 28  day rental                                                                    
period was workable.                                                                                                            
                                                                                                                                
Vice-Chair   Fairclough   urged   communication   with   the                                                                    
Department of Law  in order to draft language  that spoke to                                                                    
the  North Slope  but also  addressed  mining operations  in                                                                    
Southeast Alaska.                                                                                                               
                                                                                                                                
Co-Chair Meyer said  that DMV already knew  which roads were                                                                    
private or public.                                                                                                              
                                                                                                                                
Vice-Chair Fairclough  believed that the work  would need to                                                                    
be done by both DOT and DMV.                                                                                                    
                                                                                                                                
2:25:55 PM                                                                                                                    
                                                                                                                                
SB  178  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
2:26:00 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:28:03 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
CSSB 178 BP Backup.pdf SFIN 4/1/2014 1:30:00 PM
SB 178