Legislature(2021 - 2022)BELTZ 105 (TSBldg)

04/07/2022 01:30 PM Senate TRANSPORTATION

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Audio Topic
01:43:19 PM Start
01:43:59 PM Confirmation Hearing
01:54:28 PM HB90
03:07:28 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor’s Appointees: Board TELECONFERENCED
of Marine Pilots - Joseph Tougas, Seward
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
*+ HB 90 VEHICLE RENTALS & VEHICLE RENTAL NETWORKS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
**Streamed live on AKL.tv**
        HB 90-VEHICLE RENTALS & VEHICLE RENTAL NETWORKS                                                                     
                                                                                                                                
1:54:28 PM                                                                                                                    
CHAIR  MYERS announced  the consideration  of HOUSE  BILL NO.  90                                                               
am(efd  fld) "An  Act relating  to rental  vehicles; relating  to                                                               
vehicle rental  networks; relating  to vehicle rental  taxes; and                                                               
relating to vehicle rental fees."                                                                                               
                                                                                                                                
1:54:45 PM                                                                                                                    
REPRESENTATIVE  ADAM  WOOL,  Alaska  State  Legislature,  Juneau,                                                               
Alaska, sponsor  of HB 90,  stated that HB  90 does not  create a                                                               
new  vehicle  rental  tax.  The Alaska  Vehicle  Rental  Tax  was                                                               
created  in 2003,  charging  a  10 percent  tax  on all  vehicles                                                               
rented in  the state. It  raises $10 million annually  in revenue                                                               
paid by rental  car companies. He stated that  the Alaska Vehicle                                                               
Rental Tax  is listed as  a line item  on the rental  car invoice                                                               
when consumers  rent a car.  Consumers pay  the tax, and  the car                                                               
rental company remits the tax to the state.                                                                                     
                                                                                                                                
1:55:57 PM                                                                                                                    
REPRESENTATIVE WOOL  explained that HB 90  would require peer-to-                                                               
peer car-sharing rentals, such as  Turo, to collect and remit the                                                               
tax. When someone rents their  personal car to someone else, they                                                               
collect  the tax  and are  responsible  for remitting  it to  the                                                               
state. He  offered his view that  most people are unaware  of the                                                               
quarterly  Alaska Vehicle  Rental  Tax.  Some people  erroneously                                                               
believe  that  the  tax  only   applies  to  rental  vehicles  in                                                               
Anchorage  because the  Municipality  of Anchorage  charges an  8                                                               
percent Vehicle  Rental Tax. Several years  ago, the Municipality                                                               
of  Anchorage  passed  an  ordinance  stating  that  peer-to-peer                                                               
networks, such  as Turo, must  remit an 8 percent  Vehicle Rental                                                               
Tax to the state, in addition to the 10 percent state tax.                                                                      
                                                                                                                                
REPRESENTATIVE  WOOL stated  that  HB 90  would  create a  level-                                                               
playing  field since  it  would  require all  rental  cars to  be                                                               
subject to  the tax.  He acknowledged that  the brick  and mortar                                                               
car rentals,  such as  Avis, Hertz, or  Enterprise, are  easy for                                                               
the state to locate. HB 90  would make it easier for peer-to-peer                                                               
companies to  pay the  tax. He  stated that  an amendment  on the                                                               
House floor  would allow those  companies renting three  or fewer                                                               
vehicles to  collect an  8 percent  tax, and  those with  four or                                                               
more vehicles  would collect the  full 10 percent  Alaska Vehicle                                                               
Rental Tax.                                                                                                                     
                                                                                                                                
2:00:23 PM                                                                                                                    
KEN  ALPER,   Staff,  Representative  Adam  Wool,   Alaska  State                                                               
Legislature,  Juneau, Alaska,  on behalf  of the  sponsor, stated                                                               
that  the  Vehicle  Rental  Tax  was initiated  in  2003  and  is                                                               
administered by the Department of Revenue's Tax Division.                                                                       
                                                                                                                                
2:00:48 PM                                                                                                                    
MR.  ALPER reviewed  slide  2, Alaska's  Vehicle  Rental Tax.  He                                                               
stated that  the tax typically  raises approximately  $10 million                                                               
per year. He  said that the language reads "lease  or rental of a                                                               
passenger  vehicle  in  the  state,"   which  is  broad  language                                                               
requiring  any  individual or  company  that  rents vehicles  for                                                               
money to  collect the  tax. He  noted that  the tax  has existing                                                               
exemptions for  large commercial trucks over  8,500 pounds, long-                                                               
term  or  government  rentals,   taxicabs,  and  motorcycles.  He                                                               
indicated that recreational  vehicles are subject to  a 3 percent                                                               
tax rate. He said the program  uses a special vehicle tax account                                                               
rather than a Designated General  Fund (DGF). He characterized it                                                               
as  an  appropriation for  tourism  marketing,  but recently  the                                                               
funds  have   been  used  for   state  parks  or   Department  of                                                               
Transportation    and   Public    Facilities   (DOTPF)    highway                                                               
maintenance.                                                                                                                    
                                                                                                                                
2:02:07 PM                                                                                                                    
MR. ALPER  clarified that commercial  vehicles over  8,500 pounds                                                               
were exempt from the tax.                                                                                                       
                                                                                                                                
2:02:25 PM                                                                                                                    
MR.  ALPER  reviewed  slide  3,  Trends  in  the  Vehicle  Rental                                                               
Industry, which read:                                                                                                           
                                                                                                                                
     • Industry is dominated by large national companies                                                                        
        such as Hertz, Avis, Enterprise, etc.                                                                                   
                                                                                                                                
    • There are also smaller local and regional companies,                                                                      
        many of which operate seasonally. These companies                                                                       
        also pay the state's tax                                                                                                
                                                                                                                                
     • In recent years, there has been rapid growth of web-                                                                     
        based "peer to  peer car  rentals, where  one person                                                                    
        can rent their car to another through a website                                                                         
                                                                                                                                
     • These websites   are  known   as  "vehicle   rental                                                                      
        networks                                                                                                                
                                                                                                                                
     • The trend is prevalent  for both  regular passenger                                                                      
        cars and trucks  (Turo, Getaround)  and Recreational                                                                    
        Vehicles (Outdoorsy, RVShare.com)                                                                                       
                                                                                                                                
MR. ALPER noted that the internet trend was for vehicle rental                                                                  
networks to facilitate that transaction. He characterized Turo                                                                  
and other similar companies as brokerage entities.                                                                              
                                                                                                                                
2:03:27 PM                                                                                                                    
ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State                                                                   
Legislature, Juneau, Alaska, Co-presented a PowerPoint on HB 90.                                                                
She reviewed slide 4, What Does HB90 Do?                                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     • When someone rents their vehicle through a "vehicle                                                                      
        network" company, their full name  and address isn't                                                                    
        visible,  making  it  hard  for  the  Department  of                                                                    
        Revenue to reach them to ensure they pay the tax                                                                        
                                                                                                                                
     • HB90 requires a vehicle network company  to collect                                                                      
        the tax on behalf of the renter, and remit it to the                                                                    
        state                                                                                                                   
                                                                                                                                
        • The Muni of Anchorage in  2020 passed  a similar                                                                      
          ordinance and has been collecting their vehicle                                                                       
          rental tax from network companies                                                                                     
        • Anchorage similarly passed an ordinance  for Air                                                                      
          BNB to collect their bed tax                                                                                          
                                                                                                                                
     • Eliminates the need for car owners to file  and pay                                                                      
        the monthly tax themselves.                                                                                             
                                                                                                                                
     • Most are not currently paying the  tax, so  it also                                                                      
        protects them from potential audit liability                                                                            
                                                                                                                                
     • It also sets a lower 8% rate for companies that rent                                                                     
        three or fewer vehicles.                                                                                                
                                                                                                                                
2:05:33 PM                                                                                                                    
MS. CARRICK reviewed slide 5, Actual Turo Rental Confirmation                                                                   
2-Day Rental in Anchorage.                                                                                                      
                                                                                                                                
       A box on the left-hand slide of the tax showed the                                                                       
      base rate of $79 for two days, a trip fee of $30.34,                                                                      
     Sales Tax of $15.07, for a total of $203.41.                                                                               
                                                                                                                                
The slide read:                                                                                                                 
        Base rent: owner typically gets 75% of this, or                                                                         
     $118.50                                                                                                                    
                                                                                                                                
     The trip fee is a Turo service charge.                                                                                     
                                                                                                                                
      8% Anchorage rental tax (charged on both base + trip                                                                      
     fee)                                                                                                                       
                                                                                                                                
          To car owner $118.50 58%                                                                                              
          To Turo $69.84 34%                                                                                                    
          To Anchorage $15.07 8%                                                                                                
          Total $203.41                                                                                                         
                                                                                                                                
     HB90 would add the state tax as an additional line item on                                                                 
     the bill                                                                                                                   
                                                                                                                                
MS. CARRICK stated that the person paying the tax is the person                                                                 
renting the vehicle. The tax is passed on to the customer, and                                                                  
the customer pays the tax.                                                                                                      
                                                                                                                                
2:06:39 PM                                                                                                                    
MS. CARRICK reviewed slide 6, States where Vehicle Rental                                                                       
Networks are Collecting Tax, consisting of a color-coded map of                                                                 
the United States, which read:                                                                                                  
                                                                                                                                
     • 29 States currently apply rental taxes to vehicle rental                                                                 
        networks                                                                                                                
                                                                                                                                
     • Alaska's current tax rates:                                                                                              
     head2right 10% for motor vehicles                                                                                          
     head2right 3% for recreational vehicles                                                                                    
                                                                                                                                
     • Historically, vehicle rental tax revenue has been around                                                                 
        $10 million, which could increase 10-30% with the                                                                       
        addition of vehicle rental networks.                                                                                    
                                                                                                                                
2:07:30 PM                                                                                                                    
CHAIR MYERS asked  if the vehicle is up for  rental on Craigslist                                                               
or some other  classified site, how HB 90 would  affect that type                                                               
of rental.                                                                                                                      
                                                                                                                                
MS.  CARRICK  related a  scenario  in  which  a person  had  four                                                               
vehicles listed  on Craigslist, the  person would  be responsible                                                               
for  obtaining a  business  license and  remitting  the tax.  She                                                               
pointed out that  Craigslist was not considered  a vehicle rental                                                               
network.                                                                                                                        
                                                                                                                                
2:08:24 PM                                                                                                                    
MR. ALPER stated that the  Department of Revenue tracks people in                                                               
the  ad hoc  car rental  business. Although  the department  does                                                               
reach out to people to collect  the Vehicle Rental Tax, this bill                                                               
is  not designed  for  that  but is  geared  for online  software                                                               
rentals.                                                                                                                        
                                                                                                                                
2:08:53 PM                                                                                                                    
CHAIR  MYERS  expressed concern  that  it  would create  a  large                                                               
loophole if the  state were to collect 5 percent  of those listed                                                               
on Craigslist rather than 95 percent.                                                                                           
                                                                                                                                
MR.  ALPER noted  it was  his impression  that the  prevalence of                                                               
Craigslist  rentals has  gone down  in  recent years  due to  the                                                               
growth of the car rental platforms.  He stated that it was easier                                                               
to list vehicles using websites  like Turo rather than placing an                                                               
ad on Craigslist.                                                                                                               
                                                                                                                                
2:09:58 PM                                                                                                                    
SENATOR KIEHL  said he  had used  Turo. He  asked how  this would                                                               
differ from collecting and remitting  local sales taxes. He noted                                                               
that the Turo receipt lists a line for sales tax.                                                                               
                                                                                                                                
MR. ALPER stated  that the Juneau sales tax is  not a listed line                                                               
item on  Turo receipts.  Juneau does not  have an  ordinance that                                                               
mandates it.  Anchorage passed an ordinance,  so the Municipality                                                               
of Anchorage Vehicle Rental Tax lists the tax on receipts.                                                                      
                                                                                                                                
2:11:25 PM                                                                                                                    
SENATOR  KIEHL  related  his  understanding  that  the  City  and                                                               
Borough of Juneau has an ordinance  that requires sales tax to be                                                               
listed separately on each receipt.                                                                                              
                                                                                                                                
2:11:45 PM                                                                                                                    
CHAIR  MYERS related  that there  is  a carve-out  for owners  of                                                               
three or  fewer vehicles.  He wondered about  an estimate  of the                                                               
number  of owners  listing on  the  Turo platform  with three  or                                                               
fewer vehicles.                                                                                                                 
                                                                                                                                
MS.  CARRICK answered  that it  would be  difficult to  determine                                                               
because they  have limited data  on individual renters.  She said                                                               
it would likely be easy for a person to create two profiles.                                                                    
                                                                                                                                
2:12:42 PM                                                                                                                    
SENATOR KIEHL  asked whether the  liability falls on  the network                                                               
rather than the vehicle owner.                                                                                                  
                                                                                                                                
MR.  ALPER responded  that the  liability for  the network  is to                                                               
collect and  remit the  tax. He  suggested that  if the  tax were                                                               
collected but not  remitted, it would be a  whole different level                                                               
of crime than  not collecting the tax. He explained  that the tax                                                               
liability ultimately  depends on the person  renting the vehicle.                                                               
However, if  the tax  is collected via  the transaction  on Turo,                                                               
the vehicle owner has met their obligation.                                                                                     
                                                                                                                                
MR. ALPER said a lot of the  debate on the House floor related to                                                               
an individual  making a few  extra dollars to help  their family.                                                               
However, many  people who use  the site are  commercial operators                                                               
with 10  or more vehicles. The  idea of creating a  carve-out for                                                               
the small owner  of three or fewer vehicles was  designed to give                                                               
the benefit  that the  person warranted paying  a lower  tax rate                                                               
without  providing  a blanket  exemption  to  everyone using  the                                                               
platform.                                                                                                                       
                                                                                                                                
2:14:38 PM                                                                                                                    
SENATOR MICCICHE  related his understanding  that HB  90 requires                                                               
the collection of  the Alaska Vehicle Rental Tax  via the vehicle                                                               
company. He noted that the  amendment process dropped the rate on                                                               
peer-to-peer rentals.                                                                                                           
                                                                                                                                
MR.  ALPER clarified  that it  dropped the  rate on  peer-to-peer                                                               
networks where  the vehicle owner  lists three or fewer  cars. He                                                               
stated the  larger peer-to-peer  rentals would  pay the  rate. He                                                               
agreed that  it moves  the obligation to  the company  to collect                                                               
the tax,  but it forces them  to register with the  Department of                                                               
Revenue, file a return, and remit  the taxes on behalf of the car                                                               
owners that use their network.                                                                                                  
                                                                                                                                
2:15:26 PM                                                                                                                    
CHAIR  MYERS   related  his  understanding   that  part   of  the                                                               
justification  for the  bill is  to level  the playing  field for                                                               
Turo  and  legacy  brick  and mortar  car  rental  companies.  He                                                               
wondered if there were other  differences between a private owner                                                               
and a  car rental company.  For instance, in terms  of insurance,                                                               
once  a company  reaches a  certain size,  they are  eligible for                                                               
fleet rates. He asked what  type of benefits car rental companies                                                               
receive.                                                                                                                        
                                                                                                                                
MR. ALPER  answered that, to  a certain extent, the  industry was                                                               
more qualified  to respond.  He noted  that the  networks require                                                               
robust insurance  and newer vehicles.  He referred to slide  5 to                                                               
the  typical base  rent of  75 percent.  He stated  that the  car                                                               
owner might receive  80 or 60 percent, depending on  the level of                                                               
risk the  owner takes. For instance,  if the owner were  ready to                                                               
absorb  more responsibility  for damage,  Turo would  pay a  more                                                               
significant percentage.                                                                                                         
                                                                                                                                
2:17:15 PM                                                                                                                    
MS. CARRICK added  that the Division of  Motor Vehicles indicated                                                               
that it  does not  provide discounts  for traditional  car rental                                                               
agencies for registering their vehicles.                                                                                        
                                                                                                                                
2:17:33 PM                                                                                                                    
CHAIR  MYERS  asked  whether  car  rental  agencies  receive  any                                                               
discounts when purchasing large numbers of vehicles.                                                                            
                                                                                                                                
MS. CARRICK deferred to Mr. Alper.                                                                                              
                                                                                                                                
MR. ALPER agreed that it might  occur to a certain extent, but if                                                               
so, it  would mean that  they should be  able to rent  their cars                                                               
for less. He  noted that the car rental  and peer-to-peer rentals                                                               
use business  models. The  current law  requires that  anyone who                                                               
rents a vehicle for money owes the Alaska Vehicle Rental Tax.                                                                   
                                                                                                                                
2:19:02 PM                                                                                                                    
CHAIR MYERS opened public testimony on HB 90.                                                                                   
                                                                                                                                
2:19:25 PM                                                                                                                    
KYNDELL GAGLIO, Government Relations  & Legislative Counsel, Turo                                                               
Inc., San Francisco, California, stated  that Turo is the largest                                                               
peer-to-peer  car-sharing  network. Its  mission  is  to put  the                                                               
world's 1.5 billion  cars to better use. She stated  that she was                                                               
joined by Sean Vinck, their  associate general counsel. She asked                                                               
members to oppose  HB 90 because it is an  unfair to regulate and                                                               
tax constituents  and visitors  who use  car sharing.  Turo, Inc.                                                               
owns no  vehicles and doesn't  have any employees in  Alaska, but                                                               
Alaska  residents who  own vehicles  can share  them through  the                                                               
marketplace. She estimated  that people earn on  average $200 per                                                               
month  by  car  sharing.  People  use their  income  to  pay  for                                                               
groceries, rent, car payments, or student loans.                                                                                
                                                                                                                                
MS. GAGLIO stated that several  platforms exist in other markets,                                                               
but  Turo is  currently the  only  one operating  in Alaska.  She                                                               
noted that  Turo was not  part of  the process of  developing the                                                               
bill, nor  has there been meaningful  stakeholder engagement. She                                                               
stated  that HB  90  will  harm these  small  businesses and  the                                                               
locals and visitors  who benefit from them by  establishing a new                                                               
tax  that  treats locals  like  a  large rental  company  without                                                               
considering the  many benefits car  rental companies  receive but                                                               
members' constituents using car sharing do not.                                                                                 
                                                                                                                                
2:21:22 PM                                                                                                                    
MS.  GAGLIO   listed  some  benefits  to   car  rental  companies                                                               
including their ability to purchase  cars at discounted wholesale                                                               
rates rather than paying the  retail rate for their vehicles. Car                                                               
rental companies  pass through car registration  costs by tacking                                                               
them on as vehicle licensing  fees. Car rental companies received                                                               
millions  of dollars  in Coronavirus  Aid,  Relief, and  Economic                                                               
Security Act  funding and  many states passed  on sales  taxes to                                                               
their renters. Car rental companies  receive special discounts on                                                               
insurance.  She stated  that Turo  supports  fair regulation  and                                                               
taxation for  peer-to-peer car sharing  and encourages  the state                                                               
to  put  forth  a  bill  that  considered  the  disparities  just                                                               
mentioned. She  referred to a  recommended model by  the National                                                               
Council  of Insurance  Legislators  (NCOIL).  She questioned  the                                                               
timing   of  the   tax  bill   because   Alaskans  still   suffer                                                               
financially. At the same time,  the US faces severe car shortages                                                               
so the  timing might inhibit  members' constituents  from earning                                                               
these  extra dollars,  while providing  locals  with much  needed                                                               
transit.                                                                                                                        
                                                                                                                                
2:22:56 PM                                                                                                                    
MS. GAGLIO stated  that since the pandemic began,  there has been                                                               
dramatic  trend  toward local  usage.  The  tax would  ultimately                                                               
apply to locals.                                                                                                                
                                                                                                                                
2:23:32 PM                                                                                                                    
SENATOR KIEHL asked  for the percentage of local  renters of cars                                                               
on the platform in Alaska.                                                                                                      
                                                                                                                                
MS. GAGLIO deferred to Mr. Vinck.                                                                                               
                                                                                                                                
2:24:14 PM                                                                                                                    
SEAN   VINCK,  Associate   General  Counsel,   Turo,  Inc.,   San                                                               
Francisco, CA, Alaska, introduced himself.                                                                                      
                                                                                                                                
2:24:33 PM                                                                                                                    
SENATOR  KIEHL  asked for  the  percentage  of local  renters  of                                                               
vehicles listed on the platform.                                                                                                
                                                                                                                                
MR. VINCK asked if he was interested in the share of the market.                                                                
                                                                                                                                
SENATOR KIEHL  recalled Ms. Gaglio  mentioned that  Alaskans were                                                               
renting vehicles on  this platform, and that trend  was going up.                                                               
He  was curious  about  the  number of  Alaskans  renting on  the                                                               
platform.                                                                                                                       
                                                                                                                                
MR.  VINCK said  he  did  not have  the  exact  number of  people                                                               
listing their vehicles on the platform.  He offered to try to get                                                               
those figures.                                                                                                                  
                                                                                                                                
2:25:37 PM                                                                                                                    
SENATOR  MICCICHE asked  what proportion  of  vehicles rented  in                                                               
Alaska  are  peer-to-peer  compared  to  traditional  car  rental                                                               
agencies. He  further asked what  portion of peer-to-peer  was on                                                               
the platform  versus private bulletin board  rentals on Facebook,                                                               
Craigslist, or small community bulletin boards.                                                                                 
                                                                                                                                
MR.  VINCK  answered   that  he  could  not   provide  the  exact                                                               
information  since  some of  it  is  proprietary information.  He                                                               
offered his view  that peer-to-peer was the  minority compared to                                                               
car rentals. He  responded that he did not have  the exact number                                                               
of individuals using  Turo. Still, according to  their survey, 84                                                               
percent  of the  people sharing  vehicles did  so on  Turo rather                                                               
than using a bulletin board.                                                                                                    
                                                                                                                                
2:27:14 PM                                                                                                                    
SENATOR MICCICHE asked whether 84  percent included all platforms                                                               
or Turo only.                                                                                                                   
                                                                                                                                
MR. VINCK stated that the survey  was not specific to Turo, so he                                                               
thought it referred to platforms at large.                                                                                      
                                                                                                                                
2:27:51 PM                                                                                                                    
MR.  VINCK related  that many  states had  addressed peer-to-peer                                                               
car sharing through regulation. It  is generally done using model                                                               
legislation to  address consumer  protection, public  safety, and                                                               
insurance.  This legislation  addresses peer-to-peer  car sharing                                                               
through taxation. He suggested a more comprehensive approach.                                                                   
                                                                                                                                
2:28:29 PM                                                                                                                    
MR. VINCK recalled  that 29 states applied  a peer-to-peer rental                                                               
car tax, but  that figure is inaccurate. He stated  that New York                                                               
was cited as a state that  applied the same rental taxes to peer-                                                               
to-peer  and car  rental. However,  New York  enacted a  law this                                                               
year that provides a lower  rate of excise taxes for peer-to-peer                                                               
as opposed  to car rental  companies. Florida was one  state that                                                               
was cited  as having the  same rate as peer-to-peer,  but Florida                                                               
enacted  a $1  per day  instead of  $2 per  day for  peer-to-peer                                                               
rentals.  Several other  states,  including Ohio,  were cited  as                                                               
applying  a state  rental  tax.  However, Ohio  does  not have  a                                                               
statewide  rental  tax.  Indiana, Tennessee,  and  Oklahoma  were                                                               
cited as  applying a  retro tax to  peer-to-peer. Still,  each of                                                               
states had  enacted legislation to  apply a lower rate  for peer-                                                               
to-peer rentals. Most  states that have examined  this issue give                                                               
a  lower  rate to  peer-to-peer  transactions  than car  rentals,                                                               
including no  excise tax or  some lower special tax  that applies                                                               
only to peer-to-peer rentals.                                                                                                   
                                                                                                                                
2:30:06 PM                                                                                                                    
SENATOR MICCICHE expressed an interest  in reviewing the data and                                                               
sources. He  asked whether  states not  carrying over  the rental                                                               
car excise  tax to platforms  chose to do so  or if they  had not                                                               
yet taken action.                                                                                                               
                                                                                                                                
2:30:36 PM                                                                                                                    
MR.  VINCK responded  that states  fall in  both categories.  For                                                               
example,   Florida,  Tennessee,   Oklahoma,  Virginia,   Indiana,                                                               
Illinois, and  New York  have acted  to apply  the lower  rate to                                                               
peer-to-peer networks.  Other states, such as  Ohio, currently do                                                               
not have  a rental tax.  Some states, such as  Pennsylvania, have                                                               
not yet acted on vehicle rental taxes.                                                                                          
                                                                                                                                
SENATOR MICCICHE expressed his interest in reviewing their data.                                                                
                                                                                                                                
MR. VINCK offered to provide the information to the committee.                                                                  
                                                                                                                                
SENATOR  MICCICHE indicated  that he  had reviewed  NCOIL's model                                                               
act, which was helpful information.                                                                                             
                                                                                                                                
2:32:29 PM                                                                                                                    
ASHLEY  SUTTON, Executive  Director,  TechNet, Northwest  Region,                                                               
Olympia, Washington,  spoke in  opposition to  HB 90.  She stated                                                               
that TechNet is  a trade association representing  over 90 iconic                                                               
companies. Peer-to-peer  car sharing companies host  the platform                                                               
that connect vehicle  owners to people who need access  to a car,                                                               
including  Alaska residents.  It provides  users more  choices by                                                               
allowing  car-owning Alaskan  residents  an  opportunity to  rent                                                               
their  cars.  She characterized  TechNet  as  innovative, with  a                                                               
fundamentally   different   business   model  from   car   rental                                                               
companies.                                                                                                                      
                                                                                                                                
MS. SUTTON spoke in opposition to  HB 90, which would impose a 10                                                               
percent tax on vehicle car-sharing  platforms or an 8 percent tax                                                               
for  individual  consumers. She  urged  members  to follow  model                                                               
legislation  adopted  by  NCOIL  known as  the  Peer-to-Peer  Car                                                               
Sharing Act,  covering consumer protection and  minimum insurance                                                               
coverage and  licensing verification. Based on  the robustness of                                                               
the underlying Act, TechNet strongly  encourages the committee to                                                               
reference the heavily vetted model  and work with stakeholders to                                                               
craft  legislation  that  appropriately addresses  this  business                                                               
model.                                                                                                                          
                                                                                                                                
MS.  SUTTON  stated that  as  many  small businesses  attempt  to                                                               
recover from  the pandemic, TechNet  recognizes the value  of car                                                               
sharing and the  income-generating opportunities the peer-to-peer                                                               
model offers  Alaskans, the tourism  industry in Alaska,  and the                                                               
broader  economic   ecosystem.  She  said  HB   90  would  stifle                                                               
innovation and harm the Alaskan economy.                                                                                        
                                                                                                                                
2:34:11 PM                                                                                                                    
SENATOR KIEHL  noted that he  had not reviewed NCOIL's  model. He                                                               
wondered how peer-to-peer was different  and why it should have a                                                               
different tax rate.                                                                                                             
                                                                                                                                
MS. SUTTON asked for clarification on the question.                                                                             
                                                                                                                                
2:35:46 PM                                                                                                                    
SENATOR MICCICHE offered to clarify  Senator Kiehl's question. He                                                               
asked  why the  peer-to-peer  approach was  different. He  stated                                                               
that the tax  rate appears to be the same  in Alaska for peer-to-                                                               
peer and  car rental companies. He  acknowledged that legislators                                                               
interpret  a level-playing  field  differently  depending on  the                                                               
industry.  He  asked  why  the   state  should  tax  peer-to-peer                                                               
platforms at  a different rate.  The bill would  require peer-to-                                                               
peer  platforms to  collect the  Alaska Vehicle  Rental Tax  at a                                                               
lower rate.  He asked why  peer-to-peer platforms  are different,                                                               
if so if they should be taxed differently, and at what rate.                                                                    
                                                                                                                                
MS. SUTTON  responded that  TechNet believes  policymakers should                                                               
ensure  that  efforts to  regulate  the  sharing economy  protect                                                               
innovation and  not be overly burdensome.  TechNet recognizes the                                                               
unique  nature of  the sharing  economy  compared to  traditional                                                               
providers.                                                                                                                      
                                                                                                                                
SENATOR MICCICHE asked if she was legal counsel to TechNet.                                                                     
                                                                                                                                
MS. SUTTON answered no.                                                                                                         
                                                                                                                                
SENATOR  MICCICHE   expressed  his   interest  in   the  industry                                                               
differences  between peer-to-peer  platforms and  traditional car                                                               
rental companies  to understand better  why they should  be taxed                                                               
differently.  He  recalled  earlier testimony  that  peer-to-peer                                                               
platforms  maintain their  cars differently,  do not  receive tax                                                               
breaks, and  did not receive  CARES relief. He asked  whether the                                                               
legislature  should consider  a  different tax  rate for  certain                                                               
factors.                                                                                                                        
                                                                                                                                
MS. SUTTON offered to check  with TechNet's membership and report                                                               
to the committee.                                                                                                               
                                                                                                                                
2:39:33 PM                                                                                                                    
BRIAN ROTHERY,  Vice President, Governmental and  Public Affairs,                                                               
Enterprise Holdings, St. Louis,  Missouri, stated that Enterprise                                                               
Holdings did  not receive any  CARES Act funding. He  offered his                                                               
view that  HB 90 does not  accomplish much. It takes  an existing                                                               
tax and requires peer-to-peer platforms  to collect and remit the                                                               
tax because they  are in the best  position to do so.  It makes a                                                               
small  concession  to  offer  a lower  rate,  such  as  Florida's                                                               
reduction from  $2 to $1, and  8 percent in Alaska  instead of 10                                                               
percent. Enterprise Holdings finds  that acceptable because it is                                                               
a larger company.                                                                                                               
                                                                                                                                
MR. ROTHERY  indicated that Enterprise Holdings  is interested in                                                               
competing with a level-playing field,  competing in a marketplace                                                               
where  government  doesn't direct  people  to  one competitor  or                                                               
another through policy. He stated  that he did not understand why                                                               
his  customers   should  pay   higher  taxes   than  peer-to-peer                                                               
platforms, especially in Alaska.                                                                                                
                                                                                                                                
2:41:00 PM                                                                                                                    
MR. ROTHERY  related that  he had participated  in the  debate in                                                               
other  states. He  stated that  he helped  develop NCOIL's  Model                                                               
Act. In most other states, the  debate had centered on the notion                                                               
that some  Turo owners may have  paid sales tax when  they bought                                                               
their car. However,  sales tax has not been part  of the issue in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR.  ROTHERY   said  he  did  not   understand  why  peer-to-peer                                                               
platforms would not accept a lower  rate and agree to collect and                                                               
remit the  tax on behalf of  their customers as they  have agreed                                                               
to in other states.                                                                                                             
                                                                                                                                
MR. ROTHERY  stated that Enterprise Holdings  completely supports                                                               
the  NCOIL model  since they  helped develop  it. He  pointed out                                                               
that the second  clause in NCOIL's model states that  it does not                                                               
address  taxation.  Thus,  NCOIL's  Model Act  can  move  forward                                                               
without   specifically   addressing   taxation.  He   said   that                                                               
Enterprise  Holding's position  has  always been  that if  states                                                               
take the  step of  using NCOIL   model  and the  definition, they                                                               
must also  address taxes. He  noted that NCOIL's  model separates                                                               
taxes from rentals.                                                                                                             
                                                                                                                                
MR.  ROTHERY  pointed   out  that  he  keeps   hearing  the  word                                                               
"sharing,  but it is actually  "renting." He stated that peer-to-                                                               
peer platforms rent cars. He offered  strong support for HB 90 in                                                               
its current form.                                                                                                               
                                                                                                                                
2:43:29 PM                                                                                                                    
SENATOR  MICCICHE  stated  his  appreciation  for  Mr.  Rothery's                                                               
directness.  He clarified  that  most communities  in Alaska  pay                                                               
sales tax, but Anchorage residents do not.                                                                                      
                                                                                                                                
2:44:38 PM                                                                                                                    
CHAIR MYERS asked what advantages  rental car companies have that                                                               
Alaska citizens  do not. He wondered  whether Enterprise Holdings                                                               
pays  a  lower car  insurance  rate  for  the same  coverage  for                                                               
individuals.                                                                                                                    
                                                                                                                                
MR.  ROTHERY answered  that Enterprise  Holdings obtains  a self-                                                               
insurance  certificate,   so  the   company  does   not  purchase                                                               
insurance.                                                                                                                      
                                                                                                                                
CHAIR MYERS asked whether Enterprise  Holdings obtains a discount                                                               
rate from  car manufacturers when  it purchases new  vehicles due                                                               
to the volume of cars.                                                                                                          
                                                                                                                                
MR.  ROTHERY  answered  that  it stands  to  reason  that  volume                                                               
discounts  generally occur.  For  example,  Hertz announced  that                                                               
they were  purchasing 100,000 Tesla  cars. Mr. Musk  responded on                                                               
Twitter  that Hertz  was paying  the  full retail  price for  the                                                               
Tesla  cars. Thus,  it is  not universally  true that  car rental                                                               
companies  always receive  discounts  especially  when supply  is                                                               
tight. He  wondered what incentive  a manufacturer would  have to                                                               
sell cars  to Enterprise when it  could sell them at  full retail                                                               
value to  another customer. He  offered his view that  there were                                                               
market  forces on  both sides,  so there  wasn't an  easy answer.                                                               
Although  some volume  discounting  occurs, it  is probably  less                                                               
than some think. He was unsure  this was the appropriate venue to                                                               
discuss   car   rental   companies'   relationship   with   their                                                               
manufacturers and the prices they pay for their cars.                                                                           
                                                                                                                                
2:47:07 PM                                                                                                                    
SENATOR MICCICHE  stated his support  for capitalism  and profit.                                                               
He said  that Enterprise Holdings  is a $57 billion  company that                                                               
benefits  from  bulk  purchasing,  maintenance,  and  sales.  The                                                               
current  full  retail  purchase was  likely  a  temporary  supply                                                               
situation.                                                                                                                      
                                                                                                                                
2:47:57 PM                                                                                                                    
SENATOR MICCICHE said  he wants to consider everything  to make a                                                               
fair decision  about HB 90. He  offered his view that  car rental                                                               
companies, such  as Enterprise Holdings,  compete with  a growing                                                               
mom-and-pop  industry that  does not  receive those  benefits. He                                                               
stated  that  he  supports  the car  rental  business  model  but                                                               
focuses  on determining  the appropriate  tax rates  for peer-to-                                                               
peer companies.                                                                                                                 
                                                                                                                                
MR.  ROTHERY  asked the  record  to  reflect that  he  represents                                                               
Enterprise  Holdings,  which   operates  Enterprise,  Alamo,  and                                                               
National car  rental brands. The  company is not  publicly traded                                                               
but is a privately held  company. He stated that Enterprise began                                                               
with  a fleet  of  seven  cars in  1957  and remained  relatively                                                               
small,  predominantly  in  neighborhoods. He  began  working  for                                                               
Enterprise Holdings  25 years ago  when the company did  not have                                                               
an  airport branch  but  one nearby.  His job  was  to drive  the                                                               
shuttle to  pick up  customers from the  Saint Louis  airport. He                                                               
stated that  the company  understands hard  work and  growing the                                                               
business, which  it did not  inherit from  shareholders. Instead,                                                               
Enterprise  Holdings is  very much  in tune  with the  bare bones                                                               
aspect of  running a business, only  recently accelerating growth                                                               
into  the airport  market. He  related  that Enterprise  Holdings                                                               
found  a  way  to  compete  within the  rules.  The  company  had                                                               
consistently applied  the vehicle rental tax  to their customers,                                                               
even  as a  small company.  They never  falsely argued  that they                                                               
were something different  from a car rental. He  offered his view                                                               
that companies can  succeed within a basic  policy framework that                                                               
treats the transaction similarly.                                                                                               
                                                                                                                                
2:51:16 PM                                                                                                                    
SENATOR MICCICHE  said he  stood corrected  and was  unaware that                                                               
Enterprise Holdings was still privately held.                                                                                   
                                                                                                                                
2:51:44 PM                                                                                                                    
CARRIGAN GRIGSBY,  Director, Sales and Real  Estate, Avis Alaska,                                                               
Anchorage,  Alaska,  stated  that  Avis  Alaska  is  a  statewide                                                               
company. He  offered his view  that Enterprise Holdings  and Turo                                                               
were "battling  it out"  in numerous  places, so  their arguments                                                               
were on  a bigger scale than  his. He indicated his  focus was on                                                               
Alaska,  noting  that  Avis  Alaska is  the  largest  car  rental                                                               
company in  the state  in terms  of the  number of  locations and                                                               
fleet size. Avis Alaska has 130  employees and has rented cars in                                                               
Alaska since 1955. The company  pays millions in rental car taxes                                                               
to   municipalities,  boroughs,   and  the   state  and   federal                                                               
government.                                                                                                                     
                                                                                                                                
2:53:15 PM                                                                                                                    
MR. GRIGSBY offered  his view that it is Avis  Alaska's legal and                                                               
ethical  responsibility as  a corporate  citizen  to pay  vehicle                                                               
rental  taxes.  Their  customers  drive on  the  roads,  stop  at                                                               
pullouts,  and use  parks, campgrounds,  docks and  facilities so                                                               
they understand  the need  for a  state vehicle  tax. He  said it                                                               
seems disingenuous  to argue about the  terminology. From January                                                               
2020 through  March 2022,  Avis Alaska has  paid $3.3  million in                                                               
Alaska Vehicle  Rental Taxes to  the state. Avis  Alaska collects                                                               
the  tax  from its  customers.  He  noted  that last  summer  the                                                               
question was  why rental  cars were not  available and  this year                                                               
people wonder why  the rentals are so  expensive. He acknowledged                                                               
that  rental   car  companies  have  experienced   a  huge  fleet                                                               
shortage.                                                                                                                       
                                                                                                                                
MR.  GRIGSBY  said he  is  happy  that  Turo operates  in  Alaska                                                               
because the company provides cars  that are needed in the market.                                                               
He said he  had used Turo as a host  and rental. He characterized                                                               
Turo as providing a good niche  for its customers. He offered his                                                               
view that it was impressive  that Turo could argue they shouldn't                                                               
pay  the  tax.  He  agreed  with  Mr.  Rothery  that  car  rental                                                               
companies  have  some  advantages. He  agreed  that  peer-to-peer                                                               
networks could be  charged a lower rate of 8  percent rather than                                                               
the 10 percent  charged to Alaska car  rental companies. However,                                                               
he disagreed  that peer-to-peer platforms  should be  exempt from                                                               
the tax.                                                                                                                        
                                                                                                                                
2:57:20 PM                                                                                                                    
SENATOR  KIEHL  asked  about the  potential  differences  between                                                               
peer-to-peer  networks  and  car rental  companies.  He  wondered                                                               
whether  car  rental franchises  qualified  for  CARES loans  and                                                               
grants.                                                                                                                         
                                                                                                                                
MR.   GRIGSBY  answered   yes.  He   said  the   Juneau  Economic                                                               
Development  Corporation (JEDC)  did  a superb  job. Avis  Alaska                                                               
received tax incentives for businesses  but suffered a 50 percent                                                               
loss. Instead of  laying people off, they used  the CARES funding                                                               
to keep their employees employed.                                                                                               
                                                                                                                                
SENATOR  KIEHL  stated  that   the  Juneau  Economic  Development                                                               
Corporation contracted for the state.                                                                                           
                                                                                                                                
2:59:24 PM                                                                                                                    
SENATOR KIEHL  noted that  he had  never rented  a car  with more                                                               
than 10,000  to 15,000 miles,  but he  has rented cars  from Turo                                                               
with significantly more. He wondered  about car rental companies'                                                               
mileage rules and whether they were government-imposed.                                                                         
                                                                                                                                
MR. GRIGSBY answered that mileage  was industry driven. He stated                                                               
that the  Anchorage International Airport has  language regarding                                                               
the maximum  mileage in its  lease. He  offered his view  that no                                                               
one currently enforces those rules.  He noted that Avis Alaska is                                                               
spending money on  tires and parts that it does  not normally pay                                                               
for because  it usually  sells the  cars before  replacements are                                                               
needed.  He noted  that all  the companies  are operating  higher                                                               
mileage vehicles out of necessity due to vehicle shortages.                                                                     
                                                                                                                                
3:01:23 PM                                                                                                                    
SENATOR  MICCICHE  explained  that  the  typical  larger  company                                                               
business model is that used  car sales finance new car purchases.                                                               
He offered his view that it  turned the industry upside down when                                                               
the  travel industry  declined  during  COVID-19. Companies  were                                                               
forced to sell  their vehicles to stay in business.  He said that                                                               
it  has  been   tough  to  recover.  He   indicated  that  people                                                               
anticipated  that  new  cars would  be  available,  which  hasn't                                                               
happened and has exacerbated the problem.                                                                                       
                                                                                                                                
MR.  GRIGSBY agreed  that  there  is a  considerable  gap in  the                                                               
market.  He acknowledged  that Avis  Alaska waited  it out  a few                                                               
months  before selling  their fleet,  partly  because they  could                                                               
rent to a  significant number of tourists traveling  to Alaska in                                                               
2020 via the airlines.                                                                                                          
                                                                                                                                
3:03:35 PM                                                                                                                    
SENATOR  MICCICHE said  that the  tourism industry  on the  Kenai                                                               
Peninsula did  well last  year due  to independent  travelers. He                                                               
offered his  belief that  the car  rental companies  and peer-to-                                                               
peer companies should  be able to dovetail, with  Turo picking up                                                               
the slack in the summer.                                                                                                        
                                                                                                                                
3:04:36 PM                                                                                                                    
SENATOR KIEHL  recalled several years  ago that  the Municipality                                                               
of Anchorage  added an excise  tax for vehicle rentals.  He asked                                                               
about Avis Alaska's customer response to the added charge.                                                                      
                                                                                                                                
MR. GRIGSBY  responded that  the Anchorage  International Airport                                                               
is the only  international airport in Southcentral  Alaska, so it                                                               
wasn't as  though customers  could avoid  the charge.  He offered                                                               
his view that  increasing vehicle rental taxes for  Turo or other                                                               
rideshare companies would not cause  travelers to avoid coming to                                                               
Alaska during  the summer. He  explained that Avis  Alaska offers                                                               
car rental services in downtown  Juneau for cruise passengers who                                                               
are  willing to  pay  for the  convenience  of quickly  accessing                                                               
their car rental  even if they are paying an  extra 10 percent in                                                               
vehicle rental taxes.                                                                                                           
                                                                                                                                
3:07:08 PM                                                                                                                    
CHAIR MYERS closed public testimony on HB 90.                                                                                   
                                                                                                                                
CHAIR MYERS held HB 90 in committee.                                                                                            

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