Legislature(2013 - 2014)SENATE FINANCE 532

04/08/2014 09:00 AM Senate FINANCE


Download Mp3. <- Right click and save file as

Audio Topic
09:12:25 AM Start
09:14:22 AM Confirmation Hearing: Appointee John Mcclellan of Anchorage, Alaska Mental Health Trust Authority Board of Trustees.
09:28:09 AM SB178
10:04:07 AM SB201
10:21:21 AM HB19
10:33:22 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 119 BUDGET: CAPITAL TELECONFERENCED
Scheduled But Not Heard
+ HB 278 EDUCATION: FUNDING/TAX CREDITS/PROGRAMS TELECONFERENCED
<Pending Referral>
Confirmation Hearing:
John McClellan of Anchorage, Alaska Mental Health
Trust Authority Board of Trustees
+ Bills Previously Heard/Scheduled: TELECONFERENCED
= SB 201 CRIMINAL TRESPASS ON PRIVATE PROPERTY
Moved CSSB 201(JUD) Out of Committee
= HB 19 PERM. MOT. VEH. REGISTRATION/TRAILERS
Heard & Held
= HB 263 EXTEND SENIOR BENEFITS PAYMENT PROGRAM
Scheduled But Not Heard
= SB 178 PASSENGER VEHICLE RENTAL TAX
Moved CSSB 178(FIN) Out of Committee
SENATE BILL NO. 178                                                                                                           
                                                                                                                                
     "An Act relating to the application of the passenger                                                                       
     vehicle rental tax; and providing for an effective                                                                         
     date."                                                                                                                     
                                                                                                                                
9:28:09 AM                                                                                                                    
                                                                                                                                
ANGELA RODELL, COMMISSIONER,  DEPARTMENT OF REVENUE, related                                                                    
that the work draft  before the committee addressed previous                                                                    
concerns over  the implementation  of the tax.  She believed                                                                    
that the tax  could be easily implemented  by the Department                                                                    
of Revenue (DOR).                                                                                                               
                                                                                                                                
9:28:59 AM                                                                                                                    
                                                                                                                                
Senator  Bishop  inquired  whether Commissioner  Rodell  had                                                                    
perused  the   letter  in  intent  attached   to  the  bill.                                                                    
Commissioner Rodell replied that she had not.                                                                                   
                                                                                                                                
9:29:22 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:31:07 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:31:18 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  requested Vice-Chair Fairclough to  read the                                                                    
letter intent  from the  committee, as well  as a  letter of                                                                    
intent  from DOR  signed by  Commissioner Rodell  (copies on                                                                    
file).                                                                                                                          
                                                                                                                                
9:31:34 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough read  the  letter of  intent for  the                                                                    
committee(copy on file):                                                                                                        
                                                                                                                                
     It is the  intent of the Senate  Finance Committee that                                                                    
     the passenger  vehicle rental tax described  in SB 178,                                                                    
     including the original law and  the changes made by the                                                                    
     committee substitute, should not  be applied to Alaskan                                                                    
     businesses   doing   business    with   other   Alaskan                                                                    
     businesses. The Department of  Revenue (DOR) should not                                                                    
     apply   the   tax   retroactively  to   businesses   it                                                                    
     determines should  be, or should have  been, collecting                                                                    
     the  tax.  However,  if  DOR is  able  to  determine  a                                                                    
     business collected  the tax but  did not remit  the tax                                                                    
     to DOR,  then DOR  should charge back  taxes, penalties                                                                    
     and/or interest on those unpaid taxes.                                                                                     
                                                                                                                                
     In  2003,  the legislature  passed  House  Bill 271,  a                                                                    
     passenger vehicle rental tax  intended to raise revenue                                                                    
     from tourists  renting passenger vehicles so  that they                                                                    
     could help  pay for the  wear and tear they  inflict on                                                                    
     the State's publicly-maintained roads.                                                                                     
                                                                                                                                
     Since the passage of HB  271, AS 43.52 has been amended                                                                    
     three  times;  two  of which  were  to  exempt  Alaskan                                                                    
     businesses   doing   business    with   other   Alaskan                                                                    
     businesses. The third time was to exempt motorcycles.                                                                      
                                                                                                                                
     The intent of  SB 178 is to clarify,  once again, which                                                                    
     rental vehicles are to be  covered by the tax and which                                                                    
     are  not.  It  is  the  committee's  intent  that  only                                                                    
     passenger rental  cars, as  described in  AS 43.52.010,                                                                    
     should be taxed.                                                                                                           
                                                                                                                                
9:33:22 AM                                                                                                                    
                                                                                                                                
Co-Chair   Meyer  believed   that  the   letter  of   intent                                                                    
accurately  reflected  the  wishes   of  the  committee.  He                                                                    
clarified that  the intent was  that the vehicle  rental tax                                                                    
be applied to  short-term users on public  roads; he thought                                                                    
that the bill's  change to 28 days, from  90, reflected that                                                                    
intent.                                                                                                                         
                                                                                                                                
9:34:05 AM                                                                                                                    
                                                                                                                                
Senator  Olson queried  whether  the  committee was  working                                                                    
with  work  draft  version  Y.  Co-Chair  Meyer  replied  in                                                                    
affirmative.                                                                                                                    
                                                                                                                                
Senator Olson  stated that he  was unable to find  the where                                                                    
the  letter of  intent was  referenced in  Section 4  of the                                                                    
bill.                                                                                                                           
                                                                                                                                
9:34:24 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough noted  that  Section 4  of version  Y                                                                    
only contained repealing language.                                                                                              
                                                                                                                                
9:34:37 AM                                                                                                                    
                                                                                                                                
Senator Olson  understood that the  intent letter  read, "as                                                                    
described in  Section 4 of  SB 178"; however, Section  4 was                                                                    
repealed on Page 2, line 13.                                                                                                    
                                                                                                                                
9:34:51 AM                                                                                                                    
                                                                                                                                
BRITTANY HUTCHISON, STAFF, SENATOR  BISHOP, related that the                                                                    
"Section 4 of  SB 178" should be taken out  of the letter of                                                                    
intent.  The reference  to Section  4 was  for the  previous                                                                    
version of the bill, in which that section redefined motor                                                                      
vehicles.                                                                                                                       
                                                                                                                                
9:35:31 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:37:03 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Meyer noted the letter of intent from the                                                                              
committee would be revisited shortly. He requested Vice-                                                                        
Chair Fairclough to read the letter of intent from                                                                              
Commissioner Rodell for the record.                                                                                             
                                                                                                                                
9:37:35 AM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough read the letter of intent from DOR:                                                                       
                                                                                                                                
     The  purpose   of  this  letter   is  to   clarify  the                                                                    
     Department's   position  and   interpretation  of   the                                                                    
     definition  of "passenger  vehicle" in  AS 43.52.099(2)                                                                    
     for   the  purposes   of   our   vehicle  rental   tax.                                                                    
     Specifically,  the Department  has  been  asked how  it                                                                    
     interprets  the phrase:  "a motor  vehicle ...  that is                                                                    
     driven or moved on a  highway or public right-of-way in                                                                    
     the state" contained in the definition.                                                                                    
                                                                                                                                
     For  vehicle  rental  tax  purposes,  the  Department's                                                                    
     interpretation of  this definition is based  on access.                                                                    
     If a member  of the general public can  freely drive on                                                                    
     the  road system  without breaking  any laws  or having                                                                    
     someone  stop them  and tell  them they  cannot go  any                                                                    
     further, they are on a  highway or public right-of-way.                                                                    
     For  example,  an  individual can  rent  a  vehicle  in                                                                    
     Anchorage, drive  to Deadhorse via the  Dalton Highway,                                                                    
     and travel  many places around Deadhorse  and the North                                                                    
     Slope  in  general. However,  there  are  areas of  the                                                                    
     North  Slope  that are  private  or  restricted that  a                                                                    
     member  of the  general  public would  not  be able  to                                                                    
     drive  to.  Vehicle  rental tax  would  apply  to  that                                                                    
     transaction  because the  individual  drove the  rented                                                                    
     vehicle  on different  highways  and public  rights-of-                                                                    
     way.                                                                                                                       
                                                                                                                                
     If an Alaska business  rents to another Alaska business                                                                    
     located in an area of  the state that is not accessible                                                                    
     by  the general  public, and  all of  the vehicles  the                                                                    
     business rents, regardless of  rental period, are never                                                                    
     driven on  a road that  can be accessed by  the general                                                                    
     public, then  under our  interpretation of  the current                                                                    
     statutes,  those  transactions  would not  be  taxable.                                                                    
     However, once  that vehicle is  driven on a  highway or                                                                    
     public right-of-way  that is open to  and accessible by                                                                    
     the general public, and the  rental period is less than                                                                    
     90  days, it  becomes a  taxable transaction  under the                                                                    
     current definition.                                                                                                        
                                                                                                                                
     I hope that this helps  clarify the questions that have                                                                    
     recently  arisen  on this  bill.  If  you have  further                                                                    
     questions do not hesitate to contact me.                                                                                   
                                                                                                                                
     Sincerely,                                                                                                                 
     Angela Rodell                                                                                                              
     Commissioner                                                                                                               
                                                                                                                                
9:40:22 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  reiterated that the  current bill  version Y                                                                    
changed the 90-day  period to 28 days. He  believed that the                                                                    
letter  clarified issues  regarding the  tax on  private and                                                                    
public vehicles.                                                                                                                
                                                                                                                                
9:41:12 AM                                                                                                                    
                                                                                                                                
Senator  Hoffman believed  that the  concern was  that there                                                                    
were roads that were not  maintained by the state that would                                                                    
not be taxed.  He understood that roads  that were privately                                                                    
maintained  would  not  fall  under  the  tax.  Commissioner                                                                    
Rodell clarified  that under existing  law if a  vehicle was                                                                    
rented and had access to  the public roads in Deadhorse that                                                                    
were monitored by  the North Slope Borough  Police or Alaska                                                                    
State  Troopers those  transactions were  taxable regardless                                                                    
of who maintained the roads.                                                                                                    
                                                                                                                                
Senator  Hoffman  thought  that  the sponsor  had  wanted  a                                                                    
version of  the bill that  exempted vehicles outside  of the                                                                    
maintained area  in the  North Slope.  He asserted  that the                                                                    
current bill version did not  accomplish what Senator Bishop                                                                    
wanted.  Commissioner  Rodell  replied that  she  would  let                                                                    
Senator Bishop speak  to that issue, but noted  that DOR was                                                                    
struggling with the definition  because the state maintained                                                                    
roads that  it did not  give public access  to; furthermore,                                                                    
there  were many  definitions  of  what "public  maintained"                                                                    
meant,  and  DOR  was  looking at  access  as  the  defining                                                                    
factor.                                                                                                                         
                                                                                                                                
9:43:32 AM                                                                                                                    
                                                                                                                                
Senator Hoffman asserted that the  work draft version needed                                                                    
to  be modified  in order  to accomplish  the intent  of the                                                                    
sponsor.                                                                                                                        
                                                                                                                                
9:44:12 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer thought  that  part of  the  issue was  with                                                                    
security  check  points  that  would  not  allow  people  on                                                                    
certain  roads.  Senator  Hoffman stated  that  Commissioner                                                                    
Rodell's letter  had addressed the issue  with check points,                                                                    
but noted that those locations were farther north.                                                                              
                                                                                                                                
9:44:27 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  asked  whether   the  tax  would  be                                                                    
triggered by  the rental of  a vehicle in an  area patrolled                                                                    
by law  enforcement even if  the primary use of  the vehicle                                                                    
would be  in a restricted area.  Commissioner Rodell replied                                                                    
in  the affirmative.  She added  that the  reduction of  the                                                                    
rental  period  in  the current  work  draft  addressed  the                                                                    
concern.                                                                                                                        
                                                                                                                                
9:45:31 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough noted  that  she  had seen  different                                                                    
laws  interpreted using  different  criteria. She  furthered                                                                    
that if a  vehicle had traveled in  the right-of-way, access                                                                    
was available and  the tax should be paid.  She thought that                                                                    
larger  vehicles in  Prudhoe Bay  that were  driven directly                                                                    
into  restricted areas  should  be considered.  Commissioner                                                                    
Rodell agreed that  the tax placed the burden  on the rental                                                                    
companies  to  track  where  the  vehicle  was  taken  while                                                                    
rented.  She related  that the  tax was  passed through  the                                                                    
rental company and  paid by the renter of the  vehicle.  She                                                                    
believed that an  audit requirement would be need  to be put                                                                    
into  place  that  required  rental  companies  to  document                                                                    
evidence  that the  vehicle was  kept within  the restricted                                                                    
areas. She  stated that,  to date,  the department  had been                                                                    
unable to document that evidence.                                                                                               
                                                                                                                                
9:47:30 AM                                                                                                                    
                                                                                                                                
Vice-Chair   Fairclough  offered   that   the  sponsor   was                                                                    
proposing   a   commercial   rental  to   another   licensed                                                                    
commercial business. She noted that  tourists did  not carry                                                                    
commercial  business   licenses  when  they  came   to  rent                                                                    
vehicles, but  that the state  wanted to collect a  tax from                                                                    
tourists  to  help  pay for  maintenance  on  Alaska  roads.                                                                    
She wondered  if the  committee could  consider taxing  on a                                                                    
wholesale  level.  She  furthered  that if  the  tax  was  a                                                                    
qualified business  expense for the entity  that was renting                                                                    
the vehicle for work activity  that would benefit the state.                                                                    
She inquired  whether language could  be drafted  that would                                                                    
place the  onus on the  vehicle renter, which was  where the                                                                    
actual  expense  would  be  generated.  Commissioner  Rodell                                                                    
responded that  under current  law commercial  vehicles were                                                                    
exempt  from the  tax.  She deferred  the  question to  Matt                                                                    
Fonder.                                                                                                                         
                                                                                                                                
9:49:01 AM                                                                                                                    
                                                                                                                                
MATT FONDER, DIRECTOR, TAX  DIVISION, DEPARTMENT OF REVENUE,                                                                    
ANCHORAGE (via  teleconference), stated that  the commercial                                                                    
vehicle  exemptions in  the current  statute applied  to the                                                                    
very large  busses and vehicles  that were over  26,000 lbs.                                                                    
Other  potentially exempt  vehicles were  moving trucks.  He                                                                    
believed that the commercial  wholesale transaction had been                                                                    
discussed  and  that the  Department  of  Law had  expressed                                                                    
concern over commerce clause constitutional issues.                                                                             
                                                                                                                                
9:50:39 AM                                                                                                                    
                                                                                                                                
Senator   Hoffman    understood   that    the   department's                                                                    
interpretation  had been  that  the vehicles  rented on  the                                                                    
North Slope,  on privately maintained roads,  would continue                                                                    
to  be taxed;  those beyond  the security  checkpoints would                                                                    
not. He  reiterated that the Y  version of the bill  did not                                                                    
speak to the crux of the sponsors concern.                                                                                      
                                                                                                                                
9:51:35 AM                                                                                                                    
                                                                                                                                
Senator Bishop stated that the  letter from DOR very clearly                                                                    
stated  that  the  regardless  of  the  rental  period,  the                                                                    
vehicles that  were driven on  a road not accessible  by the                                                                    
general public would not be  taxed. He referenced the map in                                                                    
members' packets and noted that it  was a half mile from the                                                                    
rental  agency to  the  restricted road  gate  on the  North                                                                    
Slope.  He  asked  whether  language  could  be  written  to                                                                    
clarify  the   intent  of   DOR  as   was  written   in  the                                                                    
department's letter  of intent. Commissioner  Rodell replied                                                                    
that she did not have an  answer on this issue. She asserted                                                                    
that  she was  striving  for fairness  in administering  the                                                                    
tax.                                                                                                                            
                                                                                                                                
Senator  Bishop  that  the  vehicles  could  be  hauled  the                                                                    
additional half  mile on  a high-deck  trailer to  the guard                                                                    
shack,  therefore  bypassing  the tax.  Commissioner  Rodell                                                                    
replied in the affirmative.                                                                                                     
                                                                                                                                
Vice-Chair Fairclough  MOVED to  AMEND the letter  of intent                                                                    
from the Senate Finance Committee:                                                                                              
                                                                                                                                
     DELETE                                                                                                                     
                                                                                                                                
     "The intent of SB 178  is to clarify, once again, which                                                                    
     rental vehicles are to be  covered by the tax and which                                                                    
     are  not.  It  is  the  committee's  intent  that  only                                                                    
     passenger  rental cars,  as described  in Section  4 of                                                                    
     CSSB 178 should be taxed under AS 43.52.010."                                                                              
                                                                                                                                
     INSERT                                                                                                                     
                                                                                                                                
     "The intent of SB 178  is to clarify, once again, which                                                                    
     rental vehicles are to be  covered by the tax and which                                                                    
     are  not.  It  is  the  committee's  intent  that  only                                                                    
     passenger  rental cars  as  described  in AS  43.52.010                                                                    
     should be taxed."                                                                                                          
                                                                                                                                
Senator Hoffman  wondered whether  the drafters of  the bill                                                                    
could provide language to specify  that only vehicles within                                                                    
the  Prudhoe  Bay unit  boundary  that  drove on  restricted                                                                    
roads would not be subject to the tax.                                                                                          
                                                                                                                                
Co-Chair  Meyer understood  that the  language pertained  to                                                                    
all  North Slope  activity, including  Kuparak. Commissioner                                                                    
Rodell replied that  the tax applied statewide  and that the                                                                    
concern  was how  to  carve out  specific  areas that  would                                                                    
create a  tax exemption  for one regional  area and  not for                                                                    
other regional areas.                                                                                                           
                                                                                                                                
Co-Chair  Meyer  noted  that   the  letter  stated  "private                                                                    
roads."                                                                                                                         
Senator Hoffman  noted that the  carving out  regional areas                                                                    
would be a  policy decision that the  legislature would made                                                                    
and not DOR.                                                                                                                    
                                                                                                                                
9:57:15 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:58:58 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:59:14 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  thought that the  letter of intent  from the                                                                    
department was clear.                                                                                                           
                                                                                                                                
9:59:26 AM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough  MOVED to REPORT CSSB  178(FIN) out of                                                                    
committee   with    2   letters   of    intent,   individual                                                                    
recommendations,  and the  accompanying  fiscal note.  There                                                                    
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
10:00:30 AM                                                                                                                   
                                                                                                                                
CSSB  178(FIN) was  REPORTED  out of  committee  with a  "do                                                                    
pass"  recommendation   and  with   2  letters   of  intent,                                                                    
individual recommendations,  and a new  indeterminate fiscal                                                                    
note from the Department of Revenue.                                                                                            
                                                                                                                                
10:00:41 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:02:47 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
Mental Health Trust Authority - McClellan #5.pdf SFIN 4/8/2014 9:00:00 AM
Confirmation - McClellan
SB178 DOR Letter - Rodell.pdf SFIN 4/8/2014 9:00:00 AM
SB 178
SB178 Updated Letter of Intent 2.doc SFIN 4/8/2014 9:00:00 AM
SB 178