Legislature(2013 - 2014)BUTROVICH 205

03/13/2014 01:30 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Public Testimony <Time Limit May Be Set> --
*+ SB 94 RIGHTS-OF-WAY TELECONFERENCED
Heard & Held
*+ SB 197 NATURALLY OCCURRING ASBESTOS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 178 PASSENGER VEHICLE RENTAL TAX TELECONFERENCED
Heard & Held
                SB 178-PASSENGER VEHICLE RENTAL TAX                                                                         
                                                                                                                                
1:31:58 PM                                                                                                                    
CHAIR EGAN announced SB 178 to be up for consideration.                                                                         
                                                                                                                                
1:32:06 PM                                                                                                                    
BRITTANY  HUTCHISON, staff  to Senator Click  Bishop, explained  the                                                            
draft  committee   substitute   (CS)  to  SB   178(),  version   28-                                                            
LS1406\C.  Language in  section 1  on page 1,  line 4, consolidates                                                             
two sections  regarding  the terms  "recreational"  and "passenger"                                                             
for  better organization  of  the  statute and  except  for the  tax                                                            
rates,  the  factors  are  the same  for  both  types  of  vehicles.                                                            
Section  2 on  page 1,  line 10,  reduces  the rental  term from  90                                                            
days to  30 days  for which  a vehicle  is exempt.  An extension  of                                                            
the contract  is  also exempt  as long  as the  extension is  agreed                                                            
upon  before the  expiration  of the  initial 30-day  period.  There                                                            
is  no  break  between   the  initial  period  and   the  period  of                                                            
extension.                                                                                                                      
                                                                                                                                
1:33:25 PM                                                                                                                    
Section  3 on page  2, line 6,  consolidates  the terms "passenger"                                                             
and "recreational."  It  states that  passenger  vehicles are  taxed                                                            
at a  total of 10  percent of  all fees and  costs and recreational                                                             
vehicles  are taxed at  30 percent.  That has  not changed from  the                                                            
original statute.                                                                                                               
                                                                                                                                
1:34:43 PM                                                                                                                    
Section  4  on  page   2,  line  13,  amends  the  term   "passenger                                                            
vehicle"  to  specify  that   it is  for  the  primary   purpose  of                                                            
transporting  passengers.  This is  done to  help  clarify that  the                                                            
tax applies  only to  passenger vehicles  and not  to vehicles  that                                                            
have  another purpose.  Section  4(f) on  page 2,  line 28,  reduces                                                            
the gross  vehicle weight  from 8,500  lbs. to  6,500 lbs. in  order                                                            
to better  define what  size of  trucks the  legislature intends  to                                                            
be taxed.                                                                                                                       
                                                                                                                                
Section  5  on page  3,  line  7, repeals  AS  43.52.030  and  .040,                                                            
because  they are  no longer  needed since  they  have already  been                                                            
consolidated  in sections 1  and 3. The original  version of  SB 178                                                            
had a  section regarding  retroactivity,  and the  CS does not  have                                                            
that. But  to address  that issue  they drafted  a letter of  intent                                                            
which  says  the  passenger   vehicle  rental  tax   should  not  be                                                            
applied  to Alaskan  businesses doing  business  with other  Alaskan                                                            
businesses  and  that  tax  should  not  be applied  retroactively.                                                             
However,  if DOR  is able  to determine  that 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.                                                                    
                                                                                                                                
She explained that  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 publically-maintained                                                            
roads.                                                                                                                          
                                                                                                                                
1:35:05 PM                                                                                                                    
SENATOR FAIRCLOUGH joined the committee.                                                                                        
                                                                                                                                
1:35:15 PM                                                                                                                    
MS. HUTCHISON  continue  to explain  that  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.                                                                           
                                                                                                                                
1:35:55 PM                                                                                                                    
SENATOR DYSON moved to adopt CSSB 178(), version\C.                                                                             
                                                                                                                                
CHAIR EGAN objected for discussion purposes.                                                                                    
                                                                                                                                
MS.  HUTCHISON  said  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.                                                                                                       
                                                                                                                                
SENATOR DYSON asked if there is a fiscal note.                                                                                  
                                                                                                                                
MS. HUTCHISON answered not yet for the CS.                                                                                      
                                                                                                                                
1:37:44 PM                                                                                                                    
DOUG  JOHNSON,   CFO,  Tyler   Rental,   Inc.,  Ketchikan,   Alaska,                                                            
supported  SB  178.  He said  they  have  been in  business  for  25                                                            
years  and  operates from  five  different  locations  in  Southeast                                                            
Alaska with  58 Alaskan  employees. Tyler  never received notice  of                                                            
this tax  from the  state. Their  core business  is rental of  large                                                            
equipment  to  the  construction,  timber  and  mining, industries.                                                             
They rent  half-ton and  large pickups to  support contractor  needs                                                            
such  as at  the Kensington  Mine  and Greens  Creek  Mine that  are                                                            
not on the state highway system.                                                                                                
                                                                                                                                
MR. JOHNSON  said  Tyler just  became aware  of  the rental  vehicle                                                            
tax from  another  Alaska-based equipment  rental  company and  have                                                            
filed their  fourth quarter  2013 return  to the  DOR and paid  this                                                            
tax under  protest on  the basis  that they were  never informed  of                                                            
this  tax requirement.  This  general lack  of notice  to  equipment                                                            
rental  companies and  their inability  to bill  customers for  this                                                            
tax from prior periods is why they support SB 178.                                                                              
                                                                                                                                
1:40:50 PM                                                                                                                    
RUDI  VONIMHOF,  Delta  Leasing,  Anchorage,  Alaska,  supported  SB
178.  He said  they  are  based out  of  Prudhoe  Bay with  a  small                                                            
office  in  Anchorage   and  a  big  chunk  of  their   business  is                                                            
equipment leasing similar to Tyler Rentals.                                                                                     
                                                                                                                                
MR.  VONIMHOF  became involved  with  Delta  Leasing in  2007;  they                                                            
have 28  Alaska employees.  Their primary office  and 95 percent  of                                                            
their  business   is  in   Prudhoe  Bay   with  oil  field   service                                                            
contractors.  They lease  half-ton  and three-quarter  ton  vehicles                                                            
to the  customers  who request  them.  Their insurance  limits  them                                                            
to doing  business  with business  entities,  so they  can't do  any                                                            
business with consumers.                                                                                                        
                                                                                                                                
1:42:11 PM                                                                                                                    
SENATOR FRENCH joined the committee.                                                                                            
                                                                                                                                
MR. VONIMHOF  said they  first became  aware of  the rental  car tax                                                            
in  2010 when  they  received  a notification   from the  DOR.  They                                                            
then  exchanged  two  letters  with the  department;  the  last  one                                                            
asked to  see a copy  of several  of their leases,  which they  sent                                                            
along  with an  offer to  answer any  questions.  An earlier  letter                                                            
to the department  said they  did not feel  this tax was  applicable                                                            
to  their operations,  because  they  are  in the  heavy  industrial                                                            
rental business in Prudhoe Bay to business entities.                                                                            
                                                                                                                                
Going  forward  three  years,  Mr. Vonimhof  said,  on  November  6,                                                            
2013  a  criminal  search  warrant  was  served  on them  by  a  DOR                                                            
criminal  investigator who  had tried  to rent  a three-quarter  ton                                                            
truck  from  them  and  was  refused  rental.  Then  he  obtained  a                                                            
fictitious  business license  posing as a  construction entity,  and                                                            
after  showing them  his business  license,  he was  granted  credit                                                            
with  the  company.  Apparently  that  transaction  enabled  him  to                                                            
obtain  a search  warrant.  The truck  had  a gross  vehicle  weight                                                            
(GVW) rating  in excess of  8,500 lbs., which  is an exempt  vehicle                                                            
class under  existing statute,  so he didn't  know how that  enabled                                                            
his business to be searched.                                                                                                    
                                                                                                                                
Nevertheless,   DOR  agents  simultaneously   showed  up   at  their                                                            
Anchorage  office and  at their Prudhoe  Bay office.  At least  four                                                            
armed  DOR  agents  were  in  their  Prudhoe   Bay  office  for  the                                                            
majority  of the  day and  between the  two offices  the  department                                                            
confiscated  approximately 70  banker's boxes  consisting of  all of                                                            
their  accounting  hard  files as  well  as their  asset  files  and                                                            
computers.  That was  the first  time they  had heard  from the  DOR                                                            
since the  2010 correspondence  and that was  a fairly shocking  way                                                            
to be notified.                                                                                                                 
                                                                                                                                
Since  that time  Mr.  Vonimhof  said they  had put  a  lot of  time                                                            
into  this  issue. He  wrote  a letter  to  Commissioner  Rodell  in                                                            
late  December asking  how  they could  interpret  their company  as                                                            
falling   under  the  existing   law  since   there  are  no   state                                                            
maintained  roads in  Prudhoe  Bay. State  maintenance  ends at  the                                                            
end  of  the Dalton  highway  and  all  of  their  activities  occur                                                            
beyond  that  point.  Their customers   lease vehicles  for  use  on                                                            
their  oil   field  exploration  sites   that  are  behind   guarded                                                            
security  check points.  There  is no  way that  this  could by  any                                                            
means  fall within  the realm  of a  public right-of-way,  at  least                                                            
by their legal council's opinion.                                                                                               
                                                                                                                                
He  said  that basically  they  have  had  very  little interaction                                                             
with  the DOR  over  the past  four  months and  have  more or  less                                                            
written  off  their  confiscated  computers  and  bought  new  ones,                                                            
although  keeping their  business going  for a couple  of weeks  was                                                            
quite  a  scramble  without access  to  their  electronic  or  paper                                                            
records.  Just selling  a vehicle when  you don't  have a title  for                                                            
it  is  problematic.  In  summary  he  said  SB  178  clarifies  the                                                            
intent of the original legislation, and he urged its passage.                                                                   
                                                                                                                                
SENATOR DYSON asked if the DOR agents had search warrants.                                                                      
                                                                                                                                
MR. VONIMHOF answered yes.                                                                                                      
                                                                                                                                
SENATOR DYSON asked how long it took to get their property back.                                                                
                                                                                                                                
MR.  VONIMHOF  replied  that they  had  not received  any  of  their                                                            
files or computers back.                                                                                                        
                                                                                                                                
1:50:19 PM                                                                                                                    
SENATOR DYSON  noted that  public safety  police officers  regularly                                                            
have  equipment  that  can  quickly   copy  hard  drives,  and  they                                                            
passed  a bill  to get  property  returned.  Also, the  law  clearly                                                            
provides  ways  for  them  to  copy  and  establish   the  chain  of                                                            
custody and  get the property  back to citizens.  He found  this all                                                            
very alarming and he was sorry they had to go through it.                                                                       
                                                                                                                                
1:50:49 PM                                                                                                                    
MR.  VONIMHOF  clarified that  the  department  did not  take  their                                                            
server,  and they returned  the  electronic files  with credit  card                                                            
numbers.  They had  received  one  or two  of their  key  computers,                                                            
but zero on the paper files.                                                                                                    
                                                                                                                                
1:51:35 PM                                                                                                                    
SENATOR FAIRCLOUGH  asked  if they could  go into executive  session                                                            
to speak with the administration and their attorneys about this.                                                                
                                                                                                                                
CHAIR EGAN said he thought that could be arranged.                                                                              
                                                                                                                                
SENATOR  DYSON said he  had been  around long  enough to know  there                                                            
are  always at  least two  sides to  every  story and  he wanted  to                                                            
hear the department's take on this case.                                                                                        
                                                                                                                                
1:52:50 PM                                                                                                                    
JOHN  COOK,  CFO,  Airport  Equipment  Rentals,  Brice   Enterprise,                                                            
supported  CSSB  178. He  supported  many  of  the comments  of  the                                                            
previous  testifier regarding  the tax. But  he wanted to point  out                                                            
that there  is a  difference  in interpretation  between  businesses                                                            
and  the department  on  what the  current  exemption  of 8,500  GVW                                                            
means  and the  CS clears  that  up. Secondly,  the  department  has                                                            
never provided  any reason  as to why vehicles  rented on the  North                                                            
Slope  are   defined  as  passenger   vehicles.  AS  43.52.099   (2)                                                            
defines a  passenger vehicle  as a motor vehicle  that is driven  on                                                            
a highway  or  a public  right-of-way;  clearly activities  off  the                                                            
Dalton  Highway  are not  conducted  on  either  of those  types  of                                                            
roadways.  They   believe  this  bill  will  clarify   the  original                                                            
intent  and clear up  the disagreement  between  the private  sector                                                            
doing business with businesses in Alaska and the department.                                                                    
                                                                                                                                
1:54:27 PM                                                                                                                    
SAM BRICE,  President, Brice  Enterprises,  Inc., supported  SB 178.                                                            
His  is  a  50-year  old Alaskan   construction  business  that  was                                                            
bought by  the Chulista Corporation  four years  back. They  have up                                                            
to  60  full-time  employees  and  200  seasonal  employees.   Brice                                                            
Equipment  Rental is  a subsidiary  of their  company,  and it  is a                                                            
small equipment  rental company  based on the  North Slope.  A small                                                            
part of  heavy equipment  rental business is  pickup rental  for the                                                            
North Slope  producers and  service companies  as well as their  own                                                            
construction company, mainly in rural Alaska.                                                                                   
                                                                                                                                
He related  that they  received a  letter making  them aware  of the                                                            
tax in  November 2013;  the letter  invited them  to file  quarterly                                                            
tax  returns  for all  quarters  back  to  2004  in which  they  had                                                            
vehicle  rental income.  They questioned  the  applicability of  the                                                            
tax on  their use of  pickups on  surface roads  on the North  Slope                                                            
and  with other  Alaska businesses.  Their  liability  goes back  to                                                            
2010,   their  first   year  of   light  vehicle   rental,  and   is                                                            
approximately  $31,000;  they wrote  the check  so as  not to  incur                                                            
further  penalties.  They feel  this bill  clarifies  the intent  of                                                            
law.                                                                                                                            
                                                                                                                                
SENATOR FRENCH  asked Johanna  Bales to explain  how the  department                                                            
settled  the  problem of  back  taxes  several  years ago  with  the                                                            
motorcycle rentals bill.                                                                                                        
                                                                                                                                
JOHANNA  BALES, Deputy  Director,  Tax Division,  Alaska  Department                                                            
of Revenue  (DOR), explained  that they worked  with the  individual                                                            
companies  and  most of  them  did  pay. Capturing  back  taxes  was                                                            
limited  through  an  agreement  with the  Department  of  Law,  but                                                            
they  were  required  to  pay  taxes that  were  due  prior  to  the                                                            
change.                                                                                                                         
                                                                                                                                
SENATOR FRENCH asked what the time was limited to.                                                                              
                                                                                                                                
MS.  BALES  explained that  they  had  done this  type  of  limiting                                                            
back  taxes with  taxpayers  who come  forward and  cooperated  with                                                            
them, and their general timeframe is three to five years.                                                                       
                                                                                                                                
1:58:41 PM                                                                                                                    
SENATOR  FAIRCLOUGH   asked  if  there  is  a  requirement  for  the                                                            
department  to notify taxpayers  when taxes  are going to be  placed                                                            
against a business.                                                                                                             
                                                                                                                                
MS.  BALES answered  no.  In fact,  they  do not  tell corporations                                                             
coming  to Alaska that  they are  subject to  corporate income  tax.                                                            
But  whenever  a new  tax or  statute  is  implemented  they try  to                                                            
reach  out to  all affected  companies  that they  believe could  be                                                            
subject  it, but  they  also  rely on  those  companies  to try  and                                                            
look out  for themselves and  reach out to  the taxing authority  or                                                            
business  licensing  agent  to  try to  get  information  about  any                                                            
regulations, taxes, fees, that they might be subject to.                                                                        
                                                                                                                                
2:00:16 PM                                                                                                                    
At ease from 2:00 to 2:02 p.m.                                                                                                  
                                                                                                                                
2:02:51 PM                                                                                                                    
CHAIR EGAN called the meeting back to order.                                                                                    
                                                                                                                                
SENATOR DYSON  moved to hold  SB 178 until  next Tuesday and  to ask                                                            
DOR  and DOL  to attend  an executive  session  on  the bill.  There                                                            
were no objections and it was so ordered.                                                                                       
                                                                                                                                
SENATOR FAIRCLOUGH  said Delta  Leasing was  the second constituent                                                             
that  said  the  DOR seized  their  property;  the  other  was  Ryan                                                            
Peterkin with Maytech Alaska.                                                                                                   
                                                                                                                                
CHAIR EGAN held SB 178 in committee.                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SB 94 Sponsor Statement.pdf STRA 3/13/2014 1:30:00 PM
SB 94
SSSB 94.pdf STRA 3/13/2014 1:30:00 PM
SB 94
SSSB 94 - Sectional Analysis.pdf STRA 3/13/2014 1:30:00 PM
SB 94
SB094SS-DOT-NDAES-3-8-14.pdf STRA 3/13/2014 1:30:00 PM
SB 94
SB094SS-DNR-MLW-3-8-14.pdf STRA 3/13/2014 1:30:00 PM
SB 94
SB 197 - Sponsor Statement.pdf STRA 3/13/2014 1:30:00 PM
SB 197
SB197-DOT-SDES-3-8-14.pdf STRA 3/13/2014 1:30:00 PM
SB 197
CSSB 178 DRAFT Letter of Intent.pdf STRA 3/13/2014 1:30:00 PM
SB 178
CSSB 178 DRAFT Text.pdf STRA 3/13/2014 1:30:00 PM
SB 178
CSSB 178 Sectional Analysis.PDF STRA 3/13/2014 1:30:00 PM
SB 178
CSSB 178 Sponsor Statement.PDF STRA 3/13/2014 1:30:00 PM
SB 178
SB 178 Letters Supporting - Third Batch.PDF STRA 3/13/2014 1:30:00 PM
SB 178
SB 178 Side by Side Analysis with CSSB 178.pdf STRA 3/13/2014 1:30:00 PM
SB 178
CSSB178(TRA)-DOR-TAX-03-18-14.pdf STRA 3/13/2014 1:30:00 PM
SB 178
SB 178 Delta Leasing documents.PDF STRA 3/13/2014 1:30:00 PM
SB 178
SB 94 FINAL_AHTNA_PPT_HANDOUT.pdf STRA 3/13/2014 1:30:00 PM
SB 94