Legislature(2025 - 2026)ADAMS 519

05/07/2025 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= SB 57 APPROP: CAPITAL/FUNDS/REAPPROP TELECONFERENCED
<Bill Hearing Canceled>
+= HB 123 TAXATION: VEHICLE RENTALS, SUBPOENAS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 62 SEXUAL ASSAULT EXAMINATION KITS/TRACKING TELECONFERENCED
Moved HB 62 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                        May 7, 2025                                                                                             
                         9:15 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:15:01 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Foster called the House Finance Committee meeting                                                                      
to order at 9:15 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Andy Josephson, Co-Chair                                                                                         
Representative Calvin Schrage, Co-Chair                                                                                         
Representative Jamie Allard                                                                                                     
Representative Jeremy Bynum                                                                                                     
Representative Alyse Galvin                                                                                                     
Representative Sara Hannan                                                                                                      
Representative Nellie Unangiq Jimmie                                                                                            
Representative DeLena Johnson                                                                                                   
Representative Will Stapp                                                                                                       
Representative Frank Tomaszewski                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
James Cockrell,  Commissioner, Department of  Public Safety;                                                                    
David  Kanaris, Chief,  Forensic  Laboratory, Department  of                                                                    
Public Safety;  Brodie Anderson, Staff,  Representative Neal                                                                    
Foster;  Susie   Frenzel,  Director,  Victim   Services  and                                                                    
Forensic  Science  Division,  Department of  Public  Safety;                                                                    
Representative Kevin McCabe, Sponsor.                                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
                                                                                                                                
HB  62    SEXUAL ASSAULT EXAMINATION KITS/TRACKING                                                                              
                                                                                                                                
          HB 62 was REPORTED out of committee with ten "do                                                                      
          pass" recommendations and with one previously                                                                         
         published fiscal impact note: FN2 (DPS).                                                                               
                                                                                                                                
HB 123    TAXATION: VEHICLE RENTALS, SUBPOENAS                                                                                  
                                                                                                                                
          HB 123 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
CSSB 57(FIN)                                                                                                                    
          APPROP: CAPITAL/FUNDS/REAPPROP                                                                                        
                                                                                                                                
         CSSB 57(FIN) was SCHEDULED but not HEARD.                                                                              
                                                                                                                                
Co-Chair Foster reviewed the meeting agenda.                                                                                    
                                                                                                                                
HOUSE BILL NO. 62                                                                                                             
                                                                                                                                
     "An Act relating to sexual assault examination kits;                                                                       
     establishing   the  sexual   assault  examination   kit                                                                    
     tracking system; and providing for an effective date."                                                                     
                                                                                                                                
9:16:38 AM                                                                                                                    
                                                                                                                                
JAMES COCKRELL,  COMMISSIONER, DEPARTMENT OF  PUBLIC SAFETY,                                                                    
relayed that seven to eight  years earlier, Alaska had faced                                                                    
serious challenges  in responding  to sexual  assaults. With                                                                    
the  support   of  the  legislature,  the   state  had  made                                                                    
significant   progress  in   how   law  enforcement,   nurse                                                                    
practitioners,  and  the  state's  crime  lab  responded  to                                                                    
sexual  assaults  and  processed  sexual  assault  kits.  He                                                                    
shared  that the  backlog of  sexual assault  kits had  been                                                                    
cleaned up  and all current  kits remained preserved  at the                                                                    
state crime  lab indefinitely. He explained  that the intent                                                                    
of  HB 62  was  to ensure  that the  progress  could not  be                                                                    
undone  by  future   administrations  or  commissioners.  He                                                                    
remarked that  Alaska had  set a  national standard  and was                                                                    
ranked  highly  among other  states.  He  noted that  Alaska                                                                    
would be  ahead of  many other  states if  the bill  were to                                                                    
pass.                                                                                                                           
                                                                                                                                
Commissioner  Cockrell  explained  that  victims  of  sexual                                                                    
assault  typically  lacked control  in  the  aftermath of  a                                                                    
sexual  assault.  The  victims  had  little  control  during                                                                    
interviews   with  law   enforcement   or  when   undergoing                                                                    
examinations by health care providers.  The bill would allow                                                                    
victims confidential  access to  track their  sexual assault                                                                    
kits  from  collection  to  final  processing,  restoring  a                                                                    
measure  of  control.  He  stated   that  the  goal  of  the                                                                    
Department  of  Public  Safety  (DPS)  was  to  ensure  that                                                                    
victims became survivors.                                                                                                       
                                                                                                                                
Commissioner Cockrell  added that  the bill been  a priority                                                                    
for  both the  department and  the administration.  He noted                                                                    
that forensic scientists had begun  to work in the crime lab                                                                    
to speed up  processing timelines. He described  the bill as                                                                    
critical  to  continuing the  progress  made  over the  past                                                                    
decade.                                                                                                                         
                                                                                                                                
9:21:28 AM                                                                                                                    
                                                                                                                                
Representative  Hannan  thanked  the  commissioner  for  his                                                                    
passionate testimony.  She asked for more  information about                                                                    
the role of Child Advocacy  Centers (CACs) in supporting the                                                                    
prosecution  of sexual  abuse  and  neglect cases  involving                                                                    
children.  She asked  if CACs  had  a role  in tracking  the                                                                    
sexual  assault  kit and  assisting  the  child through  the                                                                    
process.                                                                                                                        
                                                                                                                                
Commissioner  Cockrell responded  that if  a sexual  assault                                                                    
examination kit was collected, it  would be entered into the                                                                    
system. He  explained that either  the advocacy center  or a                                                                    
parent  could  follow  the   kit  through  the  confidential                                                                    
software system.  He noted that  each kit carried  a barcode                                                                    
that was  scanned at  each stage of  the process.  He stated                                                                    
that  the department's  intent was  to ensure  child victims                                                                    
received the necessary support to live productive lives.                                                                        
                                                                                                                                
Representative   Hannan  noted   that   the  Juneau   Police                                                                    
Department  had  stressed  the importance  of  CACs  in  the                                                                    
successful  prosecution of  child sex  crimes. She  asked if                                                                    
the commissioner could provide additional information.                                                                          
                                                                                                                                
Commissioner  Cockrell  responded  that CACs  were  critical                                                                    
because the  centers provided essential evidence  to take to                                                                    
court. He stated  that the centers effectively  served as an                                                                    
arm of law enforcement,  since the cases ultimately returned                                                                    
to  law enforcement  for investigation.  He emphasized  that                                                                    
the  multidisciplinary  approach  helped  protect  children,                                                                    
which was  the primary goal.  He explained that the  aim was                                                                    
to ensure that children did  not remain victims for the rest                                                                    
of their lives  but instead had the opportunity  to heal and                                                                    
move forward.                                                                                                                   
                                                                                                                                
9:24:21 AM                                                                                                                    
                                                                                                                                
DAVID  KANARIS, CHIEF,  FORENSIC  LABORATORY, DEPARTMENT  OF                                                                    
PUBLIC  SAFETY,   introduced  the   PowerPoint  presentation                                                                    
"House  Bill   (HB)  62:  Sexual  Assault   Examination  Kit                                                                    
Tracking System" dated May 7,  2025 (copy on file). He moved                                                                    
to slide 2 and explained  that the bill sought to accomplish                                                                    
three main  objectives: first, it would  establish timelines                                                                    
for  the transmittal  and testing  of the  kits; second,  it                                                                    
would codify the sexual assault  kit tracking system; third,                                                                    
it  would   create  provisions   for  survivor   rights  and                                                                    
transparency.                                                                                                                   
                                                                                                                                
Mr. Kanaris  advanced to  slide 3  and explained  that under                                                                    
current  law,  there  were   no  established  timelines  for                                                                    
medical  providers to  transfer sexual  assault kits  to law                                                                    
enforcement.  He stated  that  HB 62  would require  medical                                                                    
providers  to  notify law  enforcement  and  turn over  kits                                                                    
within 14  days. Law  enforcement would  then have  20 days,                                                                    
reduced from 30,  to submit the kits to the  crime lab. Once                                                                    
received,  the lab's  processing timeline  would be  reduced                                                                    
from 180 days to 120 days.                                                                                                      
                                                                                                                                
Representative   Galvin  understood   that  biological   DNA                                                                    
samples  had  a  specific  period  of  viability  and  asked                                                                    
whether  the bill's  proposed  timelines  accounted for  the                                                                    
viability of samples.                                                                                                           
                                                                                                                                
Mr. Kanaris  responded that the  most critical  timeline was                                                                    
the  period  between  the  assault  and  the  collection  of                                                                    
samples from  the victim. Once  samples had  been collected,                                                                    
the  samples  remained  relatively   stable,  even  at  room                                                                    
temperature. He  stated that  the bill  did not  address the                                                                    
period before collection as it  focused only on the handling                                                                    
and processing after collection.                                                                                                
                                                                                                                                
Representative  Galvin  asked if  the  bill  would apply  to                                                                    
child victims  examined at CACs.  She asked if  the timeline                                                                    
of  the kits  for child  victims would  be the  same as  for                                                                    
adults.                                                                                                                         
                                                                                                                                
Mr.  Kanaris confirmed  that  the  timelines and  provisions                                                                    
applied regardless of the age of the victim.                                                                                    
                                                                                                                                
9:27:09 AM                                                                                                                    
                                                                                                                                
Mr.  Kanaris continued  on slide  4 and  explained that  the                                                                    
second major  element of the bill  concerned survivor rights                                                                    
and transparency.  He stated that  victims would be  able to                                                                    
opt into  the tracking  system and  monitor the  progress of                                                                    
the  kits through  notifications  or by  logging  in to  the                                                                    
system  online. He  emphasized that  the  approach had  been                                                                    
shaped  by  input from  survivor  and  advocacy groups  that                                                                    
stressed the  importance of  being able  to engage  with the                                                                    
criminal justice system on their  own terms and at their own                                                                    
pace,  without   having  to   reengage  directly   with  law                                                                    
enforcement.                                                                                                                    
                                                                                                                                
Mr.  Kanaris continued  to slide  5 and  explained that  the                                                                    
bill would  codify the sexual  assault kit  tracking system.                                                                    
The system  was already  operating with strong  support from                                                                    
the  legislature and  the administration,  but there  was no                                                                    
guarantee it would remain in  place under future leadership.                                                                    
He  asserted  that codifying  the  system  in statute  would                                                                    
ensure  its continuation.  He stressed  that the  system was                                                                    
too important to fail. He  explained that codification would                                                                    
also guarantee confidentiality of  survivor data. The system                                                                    
did not  contain personal  identifying information  and each                                                                    
kit  was  tracked  only  by   barcode.  The  system  ensured                                                                    
anonymity   while  allowing   the  kits   to  be   monitored                                                                    
throughout the process.                                                                                                         
                                                                                                                                
Mr. Kanaris  advanced to  slide 6  which included  photos of                                                                    
long-term  sexual assault  kit  storage at  the state  crime                                                                    
lab. He described  the image as sobering,  noting that there                                                                    
were approximately 14,000 kits  that had been processed over                                                                    
time and would  remain in permanent storage.  He stated that                                                                    
the photos illustrated the magnitude of the issue.                                                                              
                                                                                                                                
Co-Chair Foster  asked whether  the 14,000  kits represented                                                                    
the backlog that had previously existed.                                                                                        
                                                                                                                                
Mr.  Kanaris  responded  that  the  number  reflected  total                                                                    
processed  kits currently  stored at  the lab.  He explained                                                                    
that between 2015 and 2018, DPS  had used a federal grant to                                                                    
audit  unsubmitted kits  in its  possession. The  department                                                                    
had identified  approximately 500  to 600  unsubmitted kits,                                                                    
all of  which had since  been tested.  In 2017 to  2018, the                                                                    
legislature   appropriated   funding  for   other   agencies                                                                    
statewide  to  audit  and submit  their  inventories,  which                                                                    
revealed approximately  2,500 additional untested  kits. The                                                                    
additional  kits had  also since  been tested.  He explained                                                                    
that the  crime lab  currently received  approximately 1,100                                                                    
to 1,200 DNA  requests per year and more than  half of which                                                                    
involved  sexual assault  kits.  While  evidence from  other                                                                    
cases was eventually returned  to the investigating agencies                                                                    
for  storage, sexual  assault kits  remained permanently  at                                                                    
the  crime  lab  because  of past  concerns  about  untested                                                                    
inventories.                                                                                                                    
                                                                                                                                
9:31:10 AM                                                                                                                    
                                                                                                                                
BRODIE   ANDERSON,   STAFF,  REPRESENTATIVE   NEAL   FOSTER,                                                                    
reviewed the fiscal impact note  from DPS with OMB component                                                                    
527  and control  code  xRnIN. He  explained  that the  note                                                                    
reflected  a request  of $197,500  beginning in  FY 26.  The                                                                    
total   included  $123,000   for  one   program  coordinator                                                                    
position.  He noted  that the  department currently  had two                                                                    
coordinators funded by  a federal grant, but  once the grant                                                                    
expired  only one  position would  be  needed for  long-term                                                                    
program management.  The fiscal  note also  requested $8,500                                                                    
for five annual  trips, one of which would be  out of state.                                                                    
The  services line  totaled $65,000,  consisting of  $49,000                                                                    
for InVita Healthcare Technology  (IHT) software and $16,000                                                                    
in core service costs  for program implementation. He stated                                                                    
that  commodities   were  listed  at  $1,000   for  training                                                                    
materials and supplies.                                                                                                         
                                                                                                                                
9:33:27 AM                                                                                                                    
                                                                                                                                
SUSIE  FRENZEL,  DIRECTOR,   VICTIM  SERVICES  AND  FORENSIC                                                                    
SCIENCE DIVISION, DEPARTMENT OF  PUBLIC SAFETY, relayed that                                                                    
she had  prepared the  fiscal note.  She explained  that the                                                                    
department had  conducted a thorough review  of its civilian                                                                    
positions  to  determine if  any  other  vacancies could  be                                                                    
filled.  She   emphasized  that   no  such   positions  were                                                                    
available, which created the need for the fiscal note.                                                                          
                                                                                                                                
Representative Tomaszewski  asked if  IHT had  been selected                                                                    
through a  competitive process that  led to the  awarding of                                                                    
the contract.                                                                                                                   
                                                                                                                                
Ms. Frenzel confirmed  that IHT had been  selected through a                                                                    
competitive bid process.                                                                                                        
                                                                                                                                
Commissioner  Cockrell reiterated  that the  tracking system                                                                    
was vital  in addressing  sexual assaults across  the state.                                                                    
He  hoped that  the committee  understood the  value of  the                                                                    
bill  and the  department's  desire to  see  it succeed.  He                                                                    
stressed that  significant progress had been  made in recent                                                                    
years  and he  did not  want to  lose momentum.  He recalled                                                                    
that similar  legislation had nearly passed  in the previous                                                                    
year  under challenging  fiscal  circumstances. He  stressed                                                                    
that  sexual  assault  affected  everyone.  The  legislation                                                                    
would  provide  survivors  with  control  over  the  process                                                                    
within  the   criminal  justice  system,  which   was  often                                                                    
misunderstood,  particularly in  rural  areas. He  explained                                                                    
that  the  bill  would  allow advocates  to  help  survivors                                                                    
remain engaged  in the justice process  so that perpetrators                                                                    
could be held accountable.                                                                                                      
                                                                                                                                
9:36:21 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:37:21 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Josephson commented  that former  State of  Alaska                                                                    
Representative Geran Tarr had  collaborated closely with Mr.                                                                    
Kanaris  years  earlier.  He  remarked  that  Representative                                                                    
Tarr's work was relentless, and  she had played an important                                                                    
role in crafting the legislation and moving it forward.                                                                         
                                                                                                                                
9:38:02 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:46:19 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Foster  relayed that there  was interest  in moving                                                                    
the bill forward. He noted that  it had been working its way                                                                    
through  the  process  and there  had  already  been  public                                                                    
testimony on it.                                                                                                                
                                                                                                                                
Representative  Allard  appreciated   the  committee  coming                                                                    
together on the  bill. She thought it was  important for the                                                                    
committee  to  take action  on  the  bill to  help  Alaska's                                                                    
children and communities.                                                                                                       
                                                                                                                                
Co-Chair  Schrage MOVED  to REPORT  HB 62  out of  committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
note. There being NO OBJECTION, it was so ordered.                                                                              
                                                                                                                                
HB  62 was  REPORTED out  of  committee with  ten "do  pass"                                                                    
recommendations  and with  one  previously published  fiscal                                                                    
impact note: FN2 (DPS).                                                                                                         
                                                                                                                                
[Representative Stapp was absent from the motion.]                                                                              
                                                                                                                                
9:48:22 AM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 123                                                                                                            
                                                                                                                                
     "An Act relating to vehicle rental taxes; relating to                                                                      
     the issuance of subpoenas related to tax records; and                                                                      
     providing for an effective date."                                                                                          
                                                                                                                                
9:48:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KEVIN MCCABE, SPONSOR,  explained that HB 123                                                                    
was a bill that intended  to address fairness. He emphasized                                                                    
that the bill cut the  vehicle rental tax, which leveled the                                                                    
playing  field and  protected  Alaskans  who had  previously                                                                    
been harmed by unclear rules  in the prior tax structure. He                                                                    
remarked that the bill provided  peace of mind regarding the                                                                    
ongoing  tax collection  efforts and  gave a  starting point                                                                    
for people  to move forward.  He asserted that at  its core,                                                                    
HB 123 supported small businesses.                                                                                              
                                                                                                                                
Representative  McCabe  added  that  the  bill  gave  legacy                                                                    
rental car companies  a small tax decrease  and required the                                                                    
online car rental company Turo to  pay a tax as required. He                                                                    
stated that  the bill resolved legal  uncertainties that had                                                                    
been  discussed at  a prior  committee meeting.  He asserted                                                                    
that the  bill represented a  win for Alaskans.  He recalled                                                                    
that  efforts had  been underway  for a  couple of  years to                                                                    
pass the  bill and he  thought that it  was time to  move it                                                                    
forward.                                                                                                                        
                                                                                                                                
9:50:10 AM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
9:50:47 AM                                                                                                                    
                                                                                                                                
Co-Chair  Josephson remarked  that  he would  not object  to                                                                    
moving the bill and  acknowledged that Representative McCabe                                                                    
had   made   strong   arguments.  However,   he   asked   if                                                                    
Representative McCabe  could provide  more detail as  to why                                                                    
there should  be a reduction  in the  tax rate for  Turo and                                                                    
related businesses.                                                                                                             
                                                                                                                                
Representative McCabe  responded that Turo was  in the early                                                                    
stages of  becoming a significant  industry. He  argued that                                                                    
offering  a  small  tax   decrease  would  help  incentivize                                                                    
growth,  provide support,  and allow  time to  establish how                                                                    
many cars were involved and  what revenue would be produced.                                                                    
He explained  that additional criteria could  be implemented                                                                    
once  more  data  became available.  He  recalled  that  the                                                                    
legislature had taken a similar  approach years earlier with                                                                    
the motorhome  rental industry, which  was now taxed  at 3.5                                                                    
percent. He  expressed confidence that all  sectors would be                                                                    
brought together under a consistent  tax rate in the future.                                                                    
He stated that the current  2 percent difference between the                                                                    
legacy  rental  companies,  such as  Enterprise,  Avis,  and                                                                    
Hertz, and Turo was a way to bring Turo "into the fold."                                                                        
                                                                                                                                
Representative Galvin stated that  she appreciated the focus                                                                    
on fairness in the  bill. She recognized that Representative                                                                    
McCabe  sought to  protect Alaskans  who  had were  confused                                                                    
about  the  prior  system.   She  thought  the  peer-to-peer                                                                    
component was  especially important. She asked  how the term                                                                    
"peer-to-peer" was  defined and how many  cars an individual                                                                    
might rent out.                                                                                                                 
                                                                                                                                
Representative McCabe  responded that  he could  not imagine                                                                    
it would involve more than a  couple of cars. If there was a                                                                    
situation in the future in  which an individual operated 200                                                                    
cars  and   maintained  a  brick-and-mortar   business,  the                                                                    
individual  would  be  classified  as a  legacy  rental  car                                                                    
company,  even  if  they  were   using  Turo  as  a  booking                                                                    
platform.  He  added  that  he   could  not  imagine  anyone                                                                    
choosing the  legacy model because legacy  companies already                                                                    
had their  own platforms and booking  systems. He emphasized                                                                    
that Turo  had been designed  as a platform  for small-scale                                                                    
operators,  such  as families  with  a  couple of  cars,  or                                                                    
parents who  chose to rent  out a child's vehicle  while the                                                                    
child was away  at college. He reiterated  that the platform                                                                    
was  not  designed  for large-scale  operations,  though  he                                                                    
recognized  that some  people  might take  advantage of  the                                                                    
system, as was the case with any industry.                                                                                      
                                                                                                                                
Representative Galvin  remarked that  she had  noticed other                                                                    
states had established clearer  thresholds, such as limiting                                                                    
peer-to-peer operators  to ten cars or  fewer. She explained                                                                    
that she saw  the platform as a tool for  families to make a                                                                    
little  extra money,  which seemed  reasonable  to her.  She                                                                    
expressed   concern  that   some   individuals  might   take                                                                    
advantage of the system and  asked if the bill accounted for                                                                    
the possibility. She  asked how the reduction  in the legacy                                                                    
tax rate related to the peer-to-peer structure.                                                                                 
                                                                                                                                
9:55:40 AM                                                                                                                    
                                                                                                                                
Representative  McCabe  replied  that   his  intent  was  to                                                                    
initiate the  process. The  state currently  had no  data on                                                                    
revenue generated by  Turo, the number of  cars involved, or                                                                    
how many hosts  participated. He stated that  the purpose of                                                                    
the bill  was to begin collecting  information. He suggested                                                                    
that the  legislature might  reduce the  legacy rate  in the                                                                    
future to  match Turo, or  align motorhome rentals  as well,                                                                    
which would benefit  Alaskans without significantly reducing                                                                    
expected  revenue.  He relayed  that  he  was nervous  about                                                                    
carrying a bill involving a  tax, but understood that it was                                                                    
important  to  start  somewhere.  He  noted  that  the  bill                                                                    
included  subpoena powers,  which would  allow the  state to                                                                    
monitor how  much revenue was being  generated and determine                                                                    
how many  hosts were operating  more than five or  ten cars.                                                                    
He  added that  the  data  could then  justify  the kind  of                                                                    
limits Representative Galvin had described.                                                                                     
                                                                                                                                
Representative  Galvin asked  whether  the  legacy rate  was                                                                    
unrelated to the peer-to-peer rate.                                                                                             
                                                                                                                                
Representative McCabe responded in the affirmative.                                                                             
                                                                                                                                
Representative  Galvin asked  if  Representative McCabe  had                                                                    
considered introducing a bill  limited to subpoena powers in                                                                    
order  to   gather  information  before  making   any  other                                                                    
decisions.                                                                                                                      
                                                                                                                                
Representative McCabe  responded that he had  not considered                                                                    
the approach.  He explained  that the bill  had come  to him                                                                    
"pre-packaged" and it had been  carried in the Senate in the                                                                    
previous year. He  remarked that he had  seen an opportunity                                                                    
to advance the bill and had decided to proceed.                                                                                 
                                                                                                                                
Representative   Johnson  remarked   that  members   of  the                                                                    
committee  all  had  inquiring minds,  which  was  why  they                                                                    
served   on  the   committee,   and   they  could   continue                                                                    
questioning   indefinitely.  She   commended  Representative                                                                    
McCabe for his  persistence and noted that  he had attempted                                                                    
to advance  the bill  the previous year  despite challenges.                                                                    
She   commented  that   it  was   always  frustrating   when                                                                    
legislators worked  hard on bills  and the  process required                                                                    
persistence  to  complete.  She expressed  appreciation  the                                                                    
work that had been put into the bill.                                                                                           
                                                                                                                                
9:58:54 AM                                                                                                                    
                                                                                                                                
Co-Chair Josephson  understood that  there was  an amendment                                                                    
to the  bill, but  he wanted  to make  a comment  before the                                                                    
committee  discussed the  amendment.  He  understood that  a                                                                    
legal memo  about the  fairness of the  bill (copy  on file)                                                                    
had been made  available to the committee.  He remarked that                                                                    
the bill  appeared to  be inherently  unfair because  it was                                                                    
unclear why  Turo would be  treated differently  from brick-                                                                    
and-mortar operations  in terms of standing  to litigate. He                                                                    
pointed out  that if  Turo argued for  a discount,  it would                                                                    
have no standing  because the host paid the  tax rather than                                                                    
the  platform.  He  added  that the  legal  memo  cited  two                                                                    
relevant  cases,  Stanek  v. Greco,  a  2003  decision,  and                                                                    
Wilson  v. Municipality  of Anchorage,  a 1983  decision. He                                                                    
explained that both addressed  equal protection arguments in                                                                    
economic circumstances,  which received the lowest  level of                                                                    
judicial scrutiny.                                                                                                              
                                                                                                                                
Co-Chair Josephson  elaborated that  in one case,  the court                                                                    
had noted  that freedom from  disparate taxation lay  at the                                                                    
low end  of the  continuum of  interests protected  by equal                                                                    
protection,  which  suggested  there was  little  cause  for                                                                    
concern.  However,   the  Stanek  case  raised   the  common                                                                    
question  of whether  two  groups  treated differently  were                                                                    
similarly   situated  and   therefore   entitled  to   equal                                                                    
treatment. He  argued that there  was not a strong  case for                                                                    
distinguishing between  brick-and-mortar operators  and Turo                                                                    
hosts.  He   noted  that  the  Wilson   decision  held  that                                                                    
disparate taxation  must be  reasonable, not  arbitrary, and                                                                    
must  bear   a  fair  and  substantial   relationship  to  a                                                                    
legitimate  governmental objective.  He argued  that he  did                                                                    
not see  a clear justification  for treating the  two groups                                                                    
differently. He emphasized  that brick-and-mortar businesses                                                                    
incurred greater expenses by  definition, such as employees.                                                                    
He remarked  that while  he was  not overly  concerned about                                                                    
the issue, he believed it was important to discuss.                                                                             
                                                                                                                                
Representative McCabe and responded  that the concerns would                                                                    
be valid  if the  tax were applied  directly to  both brick-                                                                    
and-mortar   businesses   and   Turo  hosts.   However,   he                                                                    
emphasized  that it  was  a pass-through  tax,  much like  a                                                                    
sales tax, and was paid by  the renter rather than the host.                                                                    
He  explained  that  the same  applied  to  brick-and-mortar                                                                    
businesses,  meaning the  two groups  were  not being  taxed                                                                    
disparately. He  compared the  situation to  the legislature                                                                    
applying a  percentage tax to  alcohol, cigarettes,  or food                                                                    
products, or  how municipalities applied local  sales taxes.                                                                    
He added that  the legal memo referenced  had been requested                                                                    
by  a member  of the  Senate who  had carried  the bill  the                                                                    
previous year.                                                                                                                  
                                                                                                                                
Co-Chair Foster noted that the committee would take up the                                                                      
bill again in the afternoon's meeting.                                                                                          
                                                                                                                                
HB 123 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Foster reviewed the afternoon meeting's agenda.                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
10:03:46 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:03 a.m.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB 62 2025 DPS HFIN Presentation.pdf HFIN 5/7/2025 9:00:00 AM
HB 62
HB 62 Transmittal Letter.pdf HFIN 5/7/2025 9:00:00 AM
HB 62
HB 62 Sectional Analysis Version 34-GH1317 A.pdf HFIN 5/7/2025 9:00:00 AM
HB 62
HFIN HB 62 Sexual Assault Examination Kit Tracking Hearing Request.pdf HFIN 5/7/2025 9:00:00 AM
HB 62
HB 123 Amendment #1 Bynum 050225.pdf HFIN 5/7/2025 9:00:00 AM
HB 123
HB 123 Legal Memo 031325.pdf HFIN 5/7/2025 9:00:00 AM
HB 123
HB 62 Public Testimony Rec'd by 050625.pdf HFIN 5/7/2025 9:00:00 AM
HB 62