Legislature(2003 - 2004)

05/10/2003 08:50 AM House W&M

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                          May 10, 2003                                                                                          
                           8:50 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jim Whitaker, Co-Chair                                                                                           
Representative Cheryll Heinze                                                                                                   
Representative Vic Kohring                                                                                                      
Representative Bruce Weyhrauch                                                                                                  
Representative Peggy Wilson                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Carl Moses                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Hawker, Co-Chair                                                                                            
Representative Norman Rokeberg                                                                                                  
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Dan Ogg                                                                                                          
Representative Paul Seaton                                                                                                      
Representative Sharon Cissna                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 293                                                                                                              
"An Act levying and collecting a state sales and use tax; and                                                                   
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 293                                                                                                                  
SHORT TITLE:STATE SALES AND USE TAX                                                                                             
SPONSOR(S): WAYS & MEANS                                                                                                        
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/30/03     1202       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/30/03     1202       (H)        W&M, FIN                                                                                     
05/01/03                (H)        W&M AT 7:00 AM HOUSE FINANCE                                                                 
                                   519                                                                                          
05/01/03                (H)        Heard & Held --                                                                              
                                   Teleconference --                                                                            
                                   MINUTE(W&M)                                                                                  
05/06/03                (H)        W&M AT 7:00 AM HOUSE FINANCE                                                                 
                                   519                                                                                          
05/06/03                (H)        Heard & Held                                                                                 
                                   MINUTE(W&M)                                                                                  
05/07/03                (H)        W&M AT 7:00 AM HOUSE FINANCE                                                                 
                                   519                                                                                          
05/07/03                (H)        Heard & Held -- Recessed to a                                                                
                                   call of the chair --                                                                         
                                   MINUTE(W&M)                                                                                  
05/08/03                (H)        W&M AT 7:00 AM HOUSE FINANCE                                                                 
                                   519                                                                                          
05/08/03                (H)        Heard & Held -- Recessed to a                                                                
                                   call of the Chair --                                                                         
                                   MINUTE(W&M)                                                                                  
05/09/03                (H)        W&M AT 7:00 AM HOUSE FINANCE                                                                 
                                   519                                                                                          
05/09/03                (H)        Heard & Held                                                                                 
                                   MINUTE(W&M)                                                                                  
05/10/03                (H)        W&M AT 8:30 AM HOUSE FINANCE                                                                 
                                   519                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LARRY PERSILY, Deputy Commissioner                                                                                              
Office of the Commissioner                                                                                                      
Department of Revenue                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions on HB 293.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-27, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR JIM WHITAKER called the  House Special Committee on Ways                                                             
and  Means  meeting  to  order  at  8:50  a.m.    Representatives                                                               
Whitaker, Kohring,  Weyhrauch, Wilson, Gruenberg, and  Moses were                                                               
present at the  call to order.  Representative  Heinze arrived as                                                               
the meeting  was in progress.   Representatives Ogg,  Seaton, and                                                               
Cissna were also in attendance                                                                                                  
                                                                                                                                
HB 293-STATE SALES AND USE TAX                                                                                                
                                                                                                                                
CO-CHAIR  WHITAKER  announced that  the  only  order of  business                                                               
would be  the continuation  of the discussion  of HOUSE  BILL NO.                                                               
293, "An  Act levying and collecting  a state sales and  use tax;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
CO-CHAIR  WHITAKER reminded  the  committee that  the purpose  of                                                               
this  committee is  to deal  with the  state's fiscal  situation.                                                               
The  committee has  previously discussed  two  components of  the                                                               
plan/approach that the committee  believes could effectively deal                                                               
with providing a long-term framework  of fiscal stability for the                                                               
state.   Those two  components have manifested  through HJR  9, a                                                               
cost  control mechanism,  and HJR  26, a  provision allowing  for                                                               
some use  of the  permanent fund.   Both resolutions  have passed                                                               
from  this  committee, and  if  approved  by two-thirds  of  both                                                               
houses  of  the legislature,  the  measures  will go  before  the                                                               
voters  November  2004.   The  legislation  before the  committee                                                               
today, HB  293, is the  third component.  Although  the committee                                                               
substitute before  the committee isn't  valid, it is the  only CS                                                               
the committee  has.  Therefore, Co-Chair  Whitaker requested that                                                               
the  committee not  discuss  the  CS and  its  particulars.   The                                                               
purpose of  today's meeting is  to help Co-Chair  Hawker continue                                                               
to  make  improvements  to this  legislation  by  discussing  the                                                               
legislation in broad terms, he said.                                                                                            
                                                                                                                                
Number 0442                                                                                                                     
                                                                                                                                
LARRY PERSILY,  Deputy Commissioner, Office of  the Commissioner,                                                               
Department  of  Revenue,  offered  to answer  any  questions  and                                                               
perform any  research necessary to  facilitate this process.   He                                                               
informed the committee that at this  point he would say that some                                                               
of the key issues with  this legislation deal with transportation                                                               
services, especially  as related to  fish.  Another key  issue is                                                               
caps  and  how special  municipal  taxes  would work  [with  this                                                               
proposed  sales  tax].   Furthermore,  there  has been  some  re-                                                               
thinking  of some  of the  administrative issues.   For  example,                                                               
although the easiest thing for  businesses is quarterly payments,                                                               
it presents a  cash flow issue for the  state and municipalities.                                                               
Therefore, review of staggered quarterly payments is occurring.                                                                 
                                                                                                                                
Number 0804                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  expressed  his  hope  to  be  able  to                                                               
discuss amendments.                                                                                                             
                                                                                                                                
CO-CHAIR  WHITAKER announced  that  specific  amendments will  be                                                               
entertained for discussion, but not  adoption.  If the amendments                                                               
can't  be  worked  into  the   CS,  all  members  will  have  the                                                               
opportunity to  bring forward specific amendments  on Monday when                                                               
he hoped HB 293 would be reported from this committee.                                                                          
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  informed  everyone  that  one  of  his                                                               
amendments  would   strip  this  legislation  and   insert  three                                                               
sections in  which one section  will specify that the  state will                                                               
impose a  3 percent sales  and use tax in  the state.   Section 2                                                               
would specify  that the Department [of  Revenue] shall promulgate                                                               
regulations  implementing Section  1.   Section  3 would  specify                                                               
that there  would be no  prohibition against a  community already                                                               
collecting a sales and use tax to continue to do so.                                                                            
                                                                                                                                
REPRESENTATIVE WEYHRAUCH remarked  that HB 293 is  complex and is                                                               
difficult  for  the public  to  understand,  and it's  even  more                                                               
difficult to interpret  what the department has  presented to the                                                               
committee in  order to sell this  tax to the public.   Therefore,                                                               
the  above suggestion  proposes  a  simple sales  tax  plan as  a                                                               
matter   of  policy.     This   suggestion   would  achieve   the                                                               
administration's goal,  fill a fiscal  measure, and  insulate the                                                               
legislature  from   the  hoards   of  lobbyists   [lobbying]  for                                                               
exemptions.                                                                                                                     
                                                                                                                                
CO-CHAIR   WHITAKER   agreed  that   Representative   Weyhrauch's                                                               
suggestion is  a "good, clean"  approach.  However,  he expressed                                                               
concern  that the  complex discussions  that have  been occurring                                                               
regarding HB  293 are  the same  discussions that  the department                                                               
would   have  to   enter  into   if  Representative   Weyhrauch's                                                               
suggestion was adopted.                                                                                                         
                                                                                                                                
Number 1118                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG remarked  that he liked the  simplicity of the                                                               
3 percent.  However, he  surmised that Representative Weyhrauch's                                                               
suggestion  would  establish  a   state  bureaucracy  that  would                                                               
collect  a  sales tax  statewide  while  at  the same  time  have                                                               
municipalities collecting a sales  tax within their jurisdiction.                                                               
Therefore, businesses would have to  collect a city sales tax and                                                               
a state  sales tax and thus  send money two different  ways under                                                               
two  different  enforcement  entities.    The  aforementioned  is                                                               
clearer in HB 293 than in Representative Weyhrauch's suggestion.                                                                
                                                                                                                                
REPRESENTATIVE WEYHRAUCH remarked that there  is no doubt that HB
293  will require  a bureaucratic  increase.   The  shift in  the                                                               
amendment wouldn't  do anything that  HB 293 doesn't  already do.                                                               
"You're going to have a complex bill  that is going to have to be                                                               
administered, interpreted,  and applied  by the  bureaucracy," he                                                               
said.   This committee  is taking the  role of  an administrative                                                               
official by going  through all the policy choices,  which is what                                                               
would happen  if the  bureaucracy was faced  with the  process of                                                               
implementing  statute that  is  extremely complex  and  new.   He                                                               
noted that  under his proposal  the bureaucracy would  still have                                                               
to  impose  all  the  federal exemptions  that  presently  exist.                                                               
Representative Weyhrauch stated, "I just  think that we have such                                                               
a huge  task in front of  us in implementing the  statewide sales                                                               
tax  policy that  we  don't  have the  tools,  the  time, or  the                                                               
equipment  nor do  we have  the wherewithal  to say  no to  every                                                               
bureaucrat or  every lobbyist  that's going to  come in  here and                                                               
want their  special deal worked  out."  Therefore,  he emphasized                                                               
the need to  establish a strong policy and instruct  the state to                                                               
implement it.                                                                                                                   
                                                                                                                                
Number 1545                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON   asked  if   [Representative  Weyhrauch's                                                               
amendment]  is  basically saying  that  the  bureaucrats have  to                                                               
decide the  exemptions and the  legislature would set a  goal for                                                               
them to meet.                                                                                                                   
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  explained that the 3  percent sales and                                                               
use tax  would specify that  the state  wants 3 percent  on sales                                                               
and  use  services  in  the   state.    Such  a  proposal  merely                                                               
implements a revenue collection procedure  as part of the general                                                               
revenue scheme that helps fill  the fiscal gap.  He characterized                                                               
the sales and use  tax as an approach.  No  dollar value would be                                                               
established, it's merely a matter of collection, he said.                                                                       
                                                                                                                                
REPRESENTATIVE WILSON  pointed out  that the  [bureaucrats] could                                                               
create  enough exemptions  that collections  could be  small, and                                                               
therefore she said they would need some sort of guidance.                                                                       
                                                                                                                                
Number 1748                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HEINZE  commented  that  she liked  the  goal  of                                                               
Representative Weyhrauch's  amendment.  However,  legislators are                                                               
elected  by the  public to  implement policy  and his  suggestion                                                               
would  place their  job  on the  [department's]  shoulders.   She                                                               
emphasized that she is here for her constituents.                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  this sales  tax is  equivalent to                                                               
writing an  income tax  code.  To  do such in  a couple  of days,                                                               
without  taking it  to the  people to  find out  what they  want,                                                               
without carefully  studying each section of  the legislation, and                                                               
without  a   true  tax  academic,   isn't  good   public  policy.                                                               
Representative  Gruenberg  stated that  he  wanted  to solve  the                                                               
state's  fiscal crisis,  and therefore  a variety  of legislation                                                               
must be  reviewed.  He  stressed the need to  take a plan  to the                                                               
people and  to have experts lay  out the ramifications of  such a                                                               
tax.  Each section of HB 293  will have an economic impact on the                                                               
state.    With  regard  to  his  suggestion  yesterday  regarding                                                               
imposing  the  tax  on  the   goods  that  move  outside  Alaska,                                                               
Representative Gruenberg said that he  didn't want to make Alaska                                                               
less  competitive  in  the  market place.    He  encouraged  this                                                               
committee to do what it should while not rushing to judgment.                                                                   
                                                                                                                                
Number 2149                                                                                                                     
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  remarked that HB  293 will live  or die                                                               
in   regard  to   its  political   weight  in   the  legislature.                                                               
Furthermore, Representative  Weyhrauch stressed that he  became a                                                               
legislator  to  make some  decisions.    "The  time is  now,"  he                                                               
stressed.   Representative Weyhrauch said  that he is  willing to                                                               
make hard  and tough  decisions, but the  revenue system  in this                                                               
state  has to  be  fixed.   Moreover,  legislation that  develops                                                               
revenues  and resources  have to  be  passed.   Therefore, he  is                                                               
offering amendments to be voted up or down.                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON agreed  that the  legislature has  to make                                                               
some  tough  decisions now,  if  possible.   She  indicated  that                                                               
without  some  action this  year,  next  year will  be  horrible.                                                               
However, she  reiterated her need  to fight for  her constituents                                                               
in order to make it the least painful for them.                                                                                 
                                                                                                                                
Number 2431                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON pointed out that  most of the testimony and                                                               
input he has heard has been  from municipalities and cities.  The                                                               
beauty of  Representative Weyhrauch's proposal is  that the state                                                               
will have  the 3 percent  sales tax without interfering  with the                                                               
caps  or  exemptions  in   the  municipalities.    Representative                                                               
Weyhrauch's proposal cures many problems, he said.                                                                              
                                                                                                                                
Number 2729                                                                                                                     
                                                                                                                                
CO-CHAIR  WHITAKER  directed  the  committee  discussion  to  the                                                               
merits of  a seasonal  sales tax for  which the  percentage would                                                               
fluctuate.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH   commented  that  the  concept   of  a                                                               
seasonal sales tax is great  because of the fluctuation of people                                                               
coming into  Alaska in  the summer.   However, he  indicated that                                                               
the layer of complexity with a  seasonal sales tax is of concern.                                                               
Representative Weyhrauch said, "So,  I'm opposed to this seasonal                                                               
sales  tax."   Furthermore, he  expressed his  dislike of  people                                                               
making  purchasing  decisions based  on  the  weather.   He  also                                                               
expressed  the  need  for  there   to  be  a  connection  between                                                               
consumption and use and the people.                                                                                             
                                                                                                                                
CO-CHAIR   WHITAKER,   upon    hearing   no   disagreement   with                                                               
Representative Weyhrauch's  comments on  the seasonal  sales tax,                                                               
announced  that  those  thoughts  could be  relayed  to  Co-Chair                                                               
Hawker for the next CS.                                                                                                         
                                                                                                                                
Number 2935                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HEINZE  related  that  across the  state  she  is                                                               
hearing from  her colleagues and  constituents that they  want an                                                               
income tax rather  than a sales tax.  "Can  we not discuss that,"                                                               
she asked.                                                                                                                      
                                                                                                                                
CO-CHAIR WHITAKER said  that he wanted to give as  much leeway as                                                               
possible.   However,  he suggested  completing the  discussion on                                                               
the 3  percent flat sales  tax as  opposed to the  seasonal sales                                                               
tax before entering into a discussion  on the option of an income                                                               
tax.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG inquired  as  to  the ramifications  of                                                               
both the flat 3 percent sales  tax versus the seasonal sales tax.                                                               
Which tax will make more money for the state, he asked.                                                                         
                                                                                                                                
MR. PERSILY predicted that the  seasonal sales tax would probably                                                               
make a little  more money for the state because  there would be a                                                               
higher  rate  during a  period  of  the  year when  there's  more                                                               
economic  activity.   However,  in  the  context of  a  $400-$700                                                               
million budget gap, the difference  in the two proposals wouldn't                                                               
be so  significant.  He estimated  that there would be  a $10-$20                                                               
million  difference  between the  3  percent  sales tax  and  the                                                               
seasonal sales tax.                                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG   inquired  as  to  how   much  Alaskan                                                               
residents will pay as opposed  to non-Alaskan residents under the                                                               
two different proposals.                                                                                                        
                                                                                                                                
MR. PERSILY answered that for a  general sales and use sales tax,                                                               
the  department estimates  that nonresidents  would pay  about 10                                                               
percent with  a reasonable margin  of error.  Under  the seasonal                                                               
tax proposal, the 10 percent  paid by nonresidents would increase                                                               
to 12  percent of the annual  total.  Mr. Persily  specified that                                                               
the nonresident  portion on the  seasonal tax wouldn't  double or                                                               
even increase  above 15  percent of  the total.   He  pointed out                                                               
that  although there  is  more economic  activity  in the  summer                                                               
months  from nonresidents,  items  such as  airplane tickets  and                                                               
cruise  ship travel  can't  have  a sales  tax.   Therefore,  the                                                               
additional  revenue from  nonresidents  would  come from  hotels,                                                               
restaurants, and [retail purchases].                                                                                            
                                                                                                                                
MR.  PERSILY, in  further response  to Representative  Gruenberg,                                                               
informed the committee  that the original concept of  a 3 percent                                                               
sales tax  with some reasonable exemptions,  a broader definition                                                               
of manufacturing,  and no tax  on the  equipment used in  oil and                                                               
gas production was  estimated to generate $330 million.   The CS,                                                               
with its tight definition of  manufacturing that would impose the                                                               
sales  and use  tax  on  oil and  gas  equipment, would  generate                                                               
closer to  $400 million.   Under the original concept  that would                                                               
generate $330 million.   Therefore, a nonresident  estimate of 10                                                               
percent  would result  in  a contribution  of  $33 million  [from                                                               
nonresidents]  while a  14 percent  nonresident [estimate]  would                                                               
result in a contribution of about $45 million or so.                                                                            
                                                                                                                                
REPRESENTATIVE  HEINZE  noted  that  often people  say  that  the                                                               
tourism dollars  don't go into  the general fund.   However, with                                                               
this tax,  tourism dollars would  be directly deposited  into the                                                               
general fund.                                                                                                                   
                                                                                                                                
MR. PERSILY  clarified that  all sales  tax collections  would be                                                               
deposited  into  the general  fund  regardless  of who  paid  it.                                                               
Therefore, a sales  tax would collect some general  tax from some                                                               
nonresidents.                                                                                                                   
                                                                                                                                
REPRESENTATIVE HEINZE  surmised then that the  tourism [industry]                                                               
can say that it's putting money in the general fund.                                                                            
                                                                                                                                
MR. PERSILY remarked,  "It just means they'd come to  you and ask                                                               
for more appropriations for tourism marketing."                                                                                 
                                                                                                                                
REPRESENTATIVE  HEINZE said  that  she looks  to  Mr. Persily  to                                                               
answer  questions, however  she  realized that  she doesn't  know                                                               
much about him.                                                                                                                 
                                                                                                                                
MR. PERSILY informed the committee that  he has been in Alaska 27                                                               
years  and has  run his  own [newspaper]  business two  different                                                               
times.   He noted  that the newspaper  [business] brought  him to                                                               
Alaska.  He  mentioned that he has lived in  Wrangell and Juneau,                                                               
and has worked  for the Anchorage Times.  About  six years ago he                                                             
moved to the Department of Revenue.   He also noted that he did a                                                               
stint as an investigator with the State Ombudsman's Office.                                                                     
                                                                                                                                
MR.  PERSILY  explained  that  he  works  with  the  department's                                                               
research and analysis section, economists,  and the tax division.                                                               
He  informed the  committee that  during his  six years  with the                                                               
department  he  has attended  seminars  and  training classes  on                                                               
streamlined  sales tax,  sales tax,  and  income tax  as well  as                                                               
helping  draft and  write  the revenue  forecast  for six  years.                                                               
Furthermore, he has  worked with the legislature  on tax programs                                                               
for six years.  Mr. Persily  said he wouldn't try to pass himself                                                               
off  as  an expert,  but  he  felt  knowledgeable to  assist  the                                                               
legislature as it creates a tax policy.                                                                                         
                                                                                                                                
Number 3918                                                                                                                     
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  highlighted that  the state  will spend                                                               
money on  this program through  the enforcement,  collection, and                                                               
administration of it as well as any overhead costs that arise.                                                                  
                                                                                                                                
MR.  PERSILY stated  that  [the  department] has  done  a lot  of                                                               
analysis regarding the cost of collection.                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG   related  his  understanding   that  a                                                               
seasonal tax would generate about $10  million more than a flat 3                                                               
percent  tax.    He  also  understood Mr.  Persily  to  say  that                                                               
nonresidents  would   pay  about   2  percent.     Representative                                                               
Gruenberg said that information  doesn't logically follow because                                                               
under  the  seasonal  tax,  Alaskans would  pay  more,  which  he                                                               
interpreted to mean  they purchase more in the  summer.  However,                                                               
Representative Gruenberg  thought exactly  the opposite  might be                                                               
true.  For  example, winter clothing costs  more.  Representative                                                               
Gruenberg  related  his thought  that  a  $10 million  difference                                                               
would be made up by tourists.                                                                                                   
                                                                                                                                
MR. PERSILY  pointed out that  there is only one  research person                                                               
in the  Tax Division.   Therefore, there isn't an  exhaustive set                                                               
of  answers.   However, the  department's  best guess  is that  a                                                               
seasonal tax  would probably  gain $10-$20  million each  year in                                                               
additional  revenue.   The nonresidents  could  increase from  10                                                               
percent to  12-15 percent, and  therefore a  nonresident increase                                                               
of  2 percent  would amount  to $6  million or  so and  5 percent                                                               
would result in  an additional $15 million  and thus nonresidents                                                               
could  pay $6-$15  million more.   The  total additional  revenue                                                               
could  be $10-$20  [million].   Mr. Persily  noted that  there is                                                               
some increased  spending by residents  during those  six [summer]                                                               
months.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  highlighted that  people often  talk in                                                               
terms  of  nonresidents  paying  more.    However,  upon  further                                                               
contemplation, [the  general public] is really  going to question                                                               
whether they  will have  to pay  more.   Representative Gruenberg                                                               
related  his  understanding  that under  the  seasonal  proposal,                                                               
Alaskan residents will pay more.                                                                                                
                                                                                                                                
MR.  PERSILY reiterated  that it's  the  department's best  guess                                                               
that  residents pay  a little  more in  the summer  than in  [the                                                               
winter months].  Therefore, it's  true that residents would pay a                                                               
bit more in  sales tax [under the seasonal tax  proposal], but in                                                               
the context of  the $330 million it will be  a very small amount.                                                               
He acknowledged  that it could  be due to the  increased economic                                                               
activity by residents in the summer.                                                                                            
                                                                                                                                
REPRESENTATIVE WILSON commented that  she believes Mr. Persily is                                                               
very  capable  of advising  the  legislature  in this  situation.                                                               
Representative Wilson informed  the committee that when  he was a                                                               
reporter he  followed the legislature closely.   Furthermore, Mr.                                                               
Persily   accompanied  legislators during  the statewide  tour of                                                               
the fiscal  policy caucus.  Mr.  Persily is very good  at what he                                                               
does, she said.                                                                                                                 
                                                                                                                                
Number 4507                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG turned  to the seasonal sales tax  in terms of                                                               
communities that  have an  existing sales tax  of say  6 percent.                                                               
He pointed  out that  in the summertime,  the state  cherry picks                                                               
out of that community's share of  the sales tax because over time                                                               
that 4  percent would come off  the cap.  Therefore,  a 6 percent                                                               
sales tax with the additional  2 percent seasonal state sales tax                                                               
would, in  the winter,  result in  [the community]  obtaining its                                                               
full 6  percent while  in the summer  [the community]  would only                                                               
obtain 4 percent of the local  sales tax and that 2 percent would                                                               
go to the state.  He  pointed out that in the coastal communities                                                               
many expenditures  revolve around the fishing  season when people                                                               
are purchasing large  amounts of groceries to take  to their fish                                                               
camp.  Perhaps  these [residents] are purchasing  gear during the                                                               
summer [when, due to use, things  need to be replaced].  With the                                                               
aforementioned in  mind, he  suggested that  the 3  percent sales                                                               
tax across the  board [would be appropriate] because  it would be                                                               
consistent for the local community and the state.                                                                               
                                                                                                                                
REPRESENTATIVE  HEINZE   commented  that  there  are   a  lot  of                                                               
businesses related to tourism that come to Alaska.                                                                              
                                                                                                                                
TAPE 03-27, SIDE B                                                                                                            
                                                                                                                                
REPRESENTATIVE  HEINZE continued,  "I  find this,  it just  seems                                                               
backwards."                                                                                                                     
                                                                                                                                
MR. PERSILY  said in  reviewing the seasonal  sales tax  one must                                                               
keep  in  mind  that  there aren't  numbers  from  Anchorage  and                                                               
Fairbanks because  those communities  don't have a  [local] sales                                                               
tax.   In reviewing  the communities  that do  have a  year round                                                               
sales  tax, there  is increased  activity in  the summer  months.                                                               
However, permanent fund dividend  spending and Christmas spending                                                               
come close  to balancing  it out;  the increased  summer spending                                                               
isn't  an  overwhelming  increase  that one  may  have  initially                                                               
assumed.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  HEINZE recalled  Mr. Persily's  comment that  the                                                               
difference  wouldn't  be  significant,  perhaps  $10-$20  million                                                               
more.  However, that is significant.                                                                                            
                                                                                                                                
MR. PERSILY  clarified that he  meant that it  wasn't significant                                                               
in comparison  to the $300  million or  so total and  a $600-$700                                                               
million  gap.   He agreed  that in  the context  of requests  for                                                               
funds, [$10-$20 million] is real money.                                                                                         
                                                                                                                                
Number 4531                                                                                                                     
                                                                                                                                
CO-CHAIR WHITAKER highlighted the  importance in remembering that                                                               
a seasonal  tax is a  base tax that  is increased in  the summer;                                                               
the seasonal  tax is year  round, the  rate merely changes.   The                                                               
best educated  guess Mr. Persily  can provide the committee  is a                                                               
range  of  possibility not  a  range  of probability.    Co-Chair                                                               
Whitaker acknowledged  that if tens  of thousands or  hundreds of                                                               
thousands  of  dollars  were  spent   to  uncover  the  range  of                                                               
probabilities rather  than possibilities,  the number might  be a                                                               
little closer than Mr. Persily's best guess, but probably not.                                                                  
                                                                                                                                
MR.  PERSILY   clarified  that  his  best   guess  regarding  the                                                               
differential between the seasonal tax  and the 3 percent flat tax                                                               
is $10-$20  million additional [revenue  from the  seasonal tax],                                                               
depending upon the exemptions.                                                                                                  
                                                                                                                                
CO-CHAIR WHITAKER  inquired as to  the committee's stance  on the                                                               
conceptual proposal, the  seasonal tax versus the  3 percent flat                                                               
tax.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  HEINZE stated  her  preference  for the  seasonal                                                               
sales tax.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  WILSON expressed  the need  for the  committee to                                                               
know  its goal.    She related  that the  governor's  goal is  to                                                               
obtain the  most funds from  the tourists.   If that's  the goal,                                                               
then the seasonal  tax is what could be done.   However, she said                                                               
she didn't like  the seasonal sales tax  because her constituents                                                               
say it  will be a  nightmare to implement.   She said that  the 3                                                               
percent sales tax would be easier to implement.                                                                                 
                                                                                                                                
REPRESENTATIVE HEINZE  related that she  is on this  committee to                                                               
close the fiscal gap.                                                                                                           
                                                                                                                                
CO-CHAIR WHITAKER agreed that closing  the fiscal gap is the goal                                                               
of the committee.                                                                                                               
                                                                                                                                
Number 3928                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG  said that there  are several goals,  the main                                                               
being to close  the fiscal gap.  Still, [closing  the fiscal gap]                                                               
needs to  be fair to  the citizens of  Alaska as well  as simple.                                                               
However,  the  seasonal  sales tax  isn't  simple,  he  remarked.                                                               
Representative Ogg announced  that he favors an  income tax, it's                                                               
simple.    He  also  announced   that  he  favors  Representative                                                               
Weyhrauch's year round 3 percent sales tax.                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG turned to  tourists and pointed out that                                                               
tourists  don't  have  a  choice  of  when  to  come  to  Alaska.                                                               
However, Alaskans,  to some  extent, have a  choice when  to buy.                                                               
Representative Gruenberg  suggested that under the  seasonal tax,                                                               
people will time  their purchases to take advantage  of the lower                                                               
tax rate.   With  a seasonal tax,  merchants' selling  habits and                                                               
Alaskans' buying habits will adjust.                                                                                            
                                                                                                                                
REPRESENTATIVE WEYHRAUCH stressed that  this seasonal proposal is                                                               
going to  be a  tool for  balancing the budget  on people  in the                                                               
State of Alaska.  He suggested  that when more money is necessary                                                               
the dates  of the seasons  will be changed to  capture additional                                                               
money.  He further stressed the need to have a set sales tax.                                                                   
                                                                                                                                
REPRESENTATIVE HEINZE noted her  partial agreement, and expressed                                                               
the  hope  that the  legislature  is  "bigger  than that."    She                                                               
related her  belief that  if the public  was presented  with [the                                                               
seasonal tax] and  switching the forms from winter  to summer and                                                               
knew that  $10-$20 million  could be used  to fund  public school                                                               
buses or the university, they would step up to the plate.                                                                       
                                                                                                                                
REPRESENTATIVE WILSON  commented, "And  I can  understand someone                                                               
from  Anchorage saying  that  just because  she  doesn't have  to                                                               
worry about  all the sales tax  and all the ramifications  in her                                                               
town  already."   She reiterated  her belief  that the  3 percent                                                               
year  round   sales  tax  is   simpler  and  healthier   for  the                                                               
communities in Southeast Alaska.                                                                                                
                                                                                                                                
Number 3360                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING  announced that he doesn't  support either                                                               
proposal.   He noted  his agreement  with the  comments regarding                                                               
the  fact  that  the  sales   tax  would  be  punitive  on  those                                                               
communities that  already have a  sales tax.  He  maintained that                                                               
spending reductions should be reviewed  and he offered to suggest                                                               
where the  cuts could be achieved.   In regard to  what should be                                                               
done  to  close  the  fiscal gap,  Representative  Kohring  said:                                                               
"Tourism,  fisheries,  agriculture,   public  television,  radio,                                                               
(indisc.),  AIDEA  [Alaska   Industrial  Development  and  Export                                                               
Authority], we can give the  administration unallocated cuts.  We                                                               
can say you  cut $100 million, we'll cut $100  million, let's ...                                                               
approach this from a partnership perspective."                                                                                  
                                                                                                                                
CO-CHAIR WHITAKER  said that the message  he is going to  take to                                                               
Co-Chair  Hawker is  that  there  is a  slight  leaning toward  a                                                               
simplification of the approach.   Co-Chair Whitaker noted that he                                                               
is more in favor of a flat 3 percent tax.                                                                                       
                                                                                                                                
Number 3020                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MOSES remarked,  "I  think we're  barking up  the                                                               
wrong tree."  Although there is  a need to do something about the                                                               
fiscal gap,  it has been  proven that  "this" should be  the last                                                               
method.    If revenue  sharing  is  cut while  local  governments                                                               
continue to  face mandates  [by the  state], then  [the statewide                                                               
sales tax]  is the worst  thing that could  be done to  the local                                                               
governments at  this time.   For  some municipalities,  the sales                                                               
tax   is   the   only   method  available   to   raise   revenue.                                                               
Representative  Moses suggested  that the  committee wake  up and                                                               
realize what is  being done to the  local governments, especially                                                               
when   the  legislature   encourages  the   formation  of   local                                                               
governments as  a method of solving  some of the problems  in the                                                               
Bush.   He  emphasized that  the state  has other  ways to  raise                                                               
revenue that the municipalities don't.   Therefore, if methods to                                                               
raise  revenue at  the local  level  are taken  away, then  other                                                               
methods to raise  revenue should be made available.   However, it                                                               
appears that  the [legislature]  doesn't have  the "guts"  to use                                                               
some of those methods to raise  revenue, whether it is the income                                                               
tax  or resource  tax or  permanent fund  money.   Representative                                                               
Moses concluded,  "The time  is long  overdue and  now we  try to                                                               
undermine our  local governments.   And  I think  it's absolutely                                                               
wrong."                                                                                                                         
                                                                                                                                
Number 2804                                                                                                                     
                                                                                                                                
CO-CHAIR WHITAKER announced that  the committee could discuss the                                                               
income tax versus a sales tax for the next 10 minutes.                                                                          
                                                                                                                                
REPRESENTATIVE HEINZE reiterated that  her constituents prefer an                                                               
income  tax, which  she views  as fairer  to those  at the  lower                                                               
income levels.                                                                                                                  
                                                                                                                                
REPRESENTATIVE WILSON stated her  belief that a [statewide] sales                                                               
tax is the wrong  way to go while an income tax  is fairer.  With                                                               
an income  tax, the economic  impact on  the state would  be less                                                               
than under a  [statewide] sales tax.  Furthermore,  an income tax                                                               
can be deducted from the federal  income tax and thus the federal                                                               
government would  be paying part  of it.   Moreover, nonresidents                                                               
would pay a larger portion  than under the [statewide] sales tax.                                                               
She informed the committee that  under an income tax nonresidents                                                               
would  pay from  22-25 percent  as  opposed to  the 7-10  percent                                                               
under a  [statewide] sales tax.   Also, [an income tax]  would be                                                               
easier for the people of  Alaska.  Representative Wilson referred                                                               
to separate  studies from the  University of Alaska  Institute of                                                               
Social  and  Economic  Research  and  the  Alaska  Department  of                                                               
Revenue.   The university study  specified that a sales  tax paid                                                               
by  nonresidents  [generated] 7  percent  [of  the total  revenue                                                               
generated  by  that  sales  tax]   while  under  the  income  tax                                                               
nonresidents  contributed 25  percent.    The departmental  study                                                               
relates that  nonresident portions under  the sales tax  would be                                                               
about  10  percent  while  under   the  income  tax  [nonresident                                                               
portions] would be about 22  percent.  Furthermore, an income tax                                                               
would have  less bureaucracy at  the state  level.  If  an income                                                               
tax was  implemented, Representative Wilson suggested  that it be                                                               
adjusted to one's  federal adjusted income.  The  local option of                                                               
a sales tax is important  to communities, and a [statewide] sales                                                               
tax wouldn't  promote economic  development.   The income  tax is                                                               
easier and allows more money at  the local level to fund services                                                               
at the  local level.   The burden of  a [statewide] sales  tax is                                                               
felt more by  lower income people than an income  tax under which                                                               
a  percentage   is  paid  based   on  the   individual's  income.                                                               
Representative  Wilson  highlighted  that  the  Alaska  Municipal                                                               
League is opposed to the  [statewide] sales tax and therefore the                                                               
majority of the  cities are opposed.  Furthermore,  an income tax                                                               
is  fairer for  senior citizens.   Representative  Wilson said  a                                                               
[statewide] sales  tax isn't  fair to everyone  in the  state and                                                               
legislators, although  they certainly represent  their districts,                                                               
must also think  of the state as a whole.   Representative Wilson                                                               
concluded  by saying  that an  income  tax is  the easiest,  most                                                               
popular, and cheapest choice and thus it's the right choice.                                                                    
                                                                                                                                
Number 2208                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG  indicated that he agrees  with Representative                                                               
Wilson's comments.  Representative Ogg  recalled that most of the                                                               
testimony the committee  has heard has been in  opposition to the                                                               
[statewide] sales  tax.   Only the  metropolitan areas  have said                                                               
that they want the sales tax  while the other communities want an                                                               
income  tax.   Representative  Ogg announced  that  he favors  an                                                               
income tax, although he recognized  that the legislature works by                                                               
majority.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  specified  that   he  isn't  taking  a                                                               
position  on the  income  tax, but  he is  taking  a position  on                                                               
fairness.    Representative  Gruenberg echoed  previous  comments                                                               
that  it's not  fair to  only  consider one  alternative.   There                                                               
needs  to be  a broad  approach  with hearings  and the  official                                                               
consideration of various types of  legislation.  By only allowing                                                               
a  couple  of  pieces  of   legislation  on  the  table  and  not                                                               
encouraging   people  to   express   their  views   on  all   the                                                               
alternatives suggests that the [legislature's]  mind is closed to                                                               
certain alternatives.                                                                                                           
                                                                                                                                
REPRESENTATIVE  KOHRING  remarked  that   an  income  tax  merely                                                               
penalizes the  producers of society.   He said he  didn't believe                                                               
an income tax would truly  aid the economy and encourage economic                                                               
growth.  He indicated that  raising taxes, particularly an income                                                               
tax,  takes money  out of  the  private sector  and redirects  it                                                               
toward government programs.   Furthermore, Representative Kohring                                                               
said  he   was  philosophically   concerned  with   placing  [tax                                                               
receipts]  in the  general  fund  and doling  it  out to  various                                                               
special interest groups.                                                                                                        
                                                                                                                                
Number 1845                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON noted  his  agreement with  Representative                                                               
Wilson.  He reiterated that under  an income tax 20 percent of it                                                               
is paid by  the federal government because it can  be written off                                                               
on the federal tax.   Furthermore, 17.8 percent of those employed                                                               
in  Alaska  are nonresidents  and  [under  an income  tax]  those                                                               
people would  pay the tax,  which wouldn't include  fishermen who                                                               
are  paid on  1099s.   Furthermore,  an income  tax  seems to  be                                                               
cheaper  to  collect  and  there   wouldn't  be  the  enforcement                                                               
problems   that   exist   under    a   [statewide]   sales   tax.                                                               
Representative Seaton pointed out  that the [statewide sales tax]                                                               
would be an  additional burden on businesses  that wouldn't exist                                                               
under the  income tax.   Representative  Seaton also  pointed out                                                               
that his district almost unanimously would prefer an income tax.                                                                
                                                                                                                                
Number 1648                                                                                                                     
                                                                                                                                
REPRESENTATIVE HEINZE  suggested that  the committee  think about                                                               
the fact that [not imposing]  the seasonal tax would mean walking                                                               
away  from  $20  million.     With  regard  to  the  income  tax,                                                               
Representative Heinze  inquired as  to the number  of nonresident                                                               
workers  there are  and  how  much would  be  generated if  those                                                               
nonresident workers were taxed.                                                                                                 
                                                                                                                                
MR. PERSILY said that the  department's numbers are a little less                                                               
than those of  the university.  One reason for  confusion is that                                                               
when  the  Department of  Labor  &  Workforce Development  (DLWD)                                                               
reports  nonresident  hire  each   year,  many  of  those  people                                                               
classified as nonresidents  are new residents.   The DLWD reviews                                                               
the dividend  application list and  thus many of those  it counts                                                               
as  new residents  are really  residents who  haven't lived  here                                                               
long  enough  to qualify  for  a  dividend.   The  Department  of                                                               
Revenue  would  estimate that  6-7  percent  of the  total  wages                                                               
earned in  Alaska are wages  earned by nonresidents,  which could                                                               
be recouped under  an income tax.  In  response to Representative                                                               
Heinze, he  confirmed that the above  percentage includes workers                                                               
on  the North  Slope.   That 6-7  percent would  amount to  about                                                               
$600-$700 million of the $9-$10 billion in total wages earned.                                                                  
                                                                                                                                
MR. PERSILY returned to the question  of how much would be earned                                                               
from  a seasonal  sales tax  versus a  flat year  round tax.   He                                                               
pointed  out  that  the  assumptions in  that  model  assumed  no                                                               
elasticity, no change in buying  habits.  The model merely looked                                                               
at  the current  activity and  applied  a sales  tax to  it.   He                                                               
acknowledged that  the great unknown  is how any tax  will impact                                                               
an individual's purchasing and spending habits.                                                                                 
                                                                                                                                
The committee took an at-ease from 10:13 a.m. to 10:23 a.m.                                                                     
                                                                                                                                
Number 1241                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON related his  understanding that the figures                                                               
Mr. Persily has been discussing in  relation to an income tax are                                                               
based on  employees, which don't  include the  1099 self-employed                                                               
fishermen who aren't registered as employees in the state.                                                                      
                                                                                                                                
MR. PERSILY clarified  that he is talking in terms  of wages that                                                               
are reported.  "That is correct," he said.                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON   highlighted  that  if  the   income  was                                                               
attached through a 1099 mechanism,  then the [wages] number would                                                               
change.                                                                                                                         
                                                                                                                                
Number 1142                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  announced that upon more  reflection he                                                               
has reconsidered  his position and  would be  more in favor  of a                                                               
flat year round tax.                                                                                                            
                                                                                                                                
REPRESENTATIVE  HEINZE  announced that  she  would  also like  to                                                               
change her support to the [year round] flat tax.                                                                                
                                                                                                                                
REPRESENTATIVE WEYHRAUCH returned to the  issue of the income tax                                                               
and said that  legislators deal with the form and  substance.  He                                                               
further said that  the substance of the problem  is diminished by                                                               
dismissing the  form of the  tax.   As a policy-making  body, the                                                               
legislature  shouldn't diminish  the  substance of  the issue  by                                                               
simply  dismissing   the  tax  because   it  may   be  unpopular.                                                               
Therefore, the income tax must be on the table for discussion.                                                                  
                                                                                                                                
CO-CHAIR  WHITAKER noted  that he  understands the  view of  many                                                               
members of  the legislature.   The discussion with regard  to the                                                               
sales  tax in  no  way  impedes any  member  from introducing  an                                                               
income  tax bill,  which he  assumed  would be  referred to  this                                                               
committee.   Upon  such a  referral, the  committee could  have a                                                               
specific  discussion  on  the  merits  of  a  specific  piece  of                                                               
legislation.  Co-Chair Whitaker said  that he wanted to return to                                                               
the sales  tax legislation  and Representative  Weyhrauch's point                                                               
regarding the implementation of regulations.                                                                                    
                                                                                                                                
Number 0824                                                                                                                     
                                                                                                                                
REPRESENTATIVE WEYHRAUCH reiterated his  suggestion to gut the CS                                                               
and replace  it with three sections.   Section 1 would  simply be                                                               
the imposition  of the  sales tax, Section  2 would  specify that                                                               
the department  would implement Section 1  through regulations in                                                               
one  year, and  Section  3  would specify  that  nothing in  this                                                               
legislation   prohibits   a   municipality  from   imposing   and                                                               
collecting its own  sales and use tax.   Representative Weyhrauch                                                               
explained  that under  HB 293  the bureaucracy  is coming  to the                                                               
legislature and requesting the  implementation of the regulations                                                               
in the form  of statute with all  the morass.  What  started as a                                                               
sales  tax exemption  bill is  going to  be "Christmas  treed" by                                                               
every  lobbyist   and  interest   group  in   the  state.     The                                                               
aforementioned   shouldn't   be   ignored.       To   that   end,                                                               
Representative Weyhrauch noted that  he has prepared an amendment                                                               
that included the Municipality of  Juneau's exemptions as well as                                                               
every profession  governed under  Title VIII because  that's what                                                               
is going  to happen.   The aforementioned  is an  affront because                                                               
the administration has  already set the standard.   Therefore, he                                                               
clarified that  he wanted  to, as a  policy matter,  specify that                                                               
the  legislature has  set  the  policy for  a  tax  and then  the                                                               
[department] would  bring forward the  tax in regulation,  and if                                                               
that tax doesn't comport with  the legislature's intent a statute                                                               
would be  passed to make  it clear.   Nothing is taken  away from                                                               
the legislature,  as a  policy matter  to deal  with a  sales tax                                                               
implemented   by  the   executive  branch.     The   bureaucratic                                                               
discussion would  be transferred  from this branch  of government                                                               
to the bureaucracy where it began.                                                                                              
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  said the  legislature doesn't  have the                                                               
tools, the inclination, the intelligence,  or the ability to deal                                                               
with  this   complex  issue  in   this  short  period   of  time.                                                               
Therefore,  as a  policy matter  his proposal  would express  the                                                               
need to implement  it.  Right now,  Representative Weyhrauch said                                                               
he can't  explain this to a  professor or his children  and if it                                                               
can't  be explained  to  his children,  it isn't  worth  it as  a                                                               
policy  matter.   The people  of  the state  have to  be able  to                                                               
understand it, he stressed.                                                                                                     
                                                                                                                                
Number 0357                                                                                                                     
                                                                                                                                
CO-CHAIR  WHITAKER identified  that there  seems to  be different                                                               
issues that  aren't separable:   the implementation of  sales tax                                                               
through   regulation   and  the   affect   that   will  have   on                                                               
municipalities.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH explained  that  for those  communities                                                               
that have  already implemented  a sales and  use tax  scheme, his                                                               
[statewide] sales  tax proposal would  be layered on top  of that                                                               
and nothing would prohibit those  municipalities from imposing or                                                               
collecting the local sales tax.                                                                                                 
                                                                                                                                
Number 0220                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGG  remarked  that  a local  sales  tax  with  a                                                               
regulatory sales  tax, as  proposed by  Representative Weyhrauch,                                                               
don't mesh.  He inquired as to what a merchant would do.                                                                        
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH said  that the  merchant would  need to                                                               
obtain an opinion letter from the [public servants].                                                                            
                                                                                                                                
REPRESENTATIVE  WILSON echoed  her earlier  comments that  she is                                                               
present to ensure that her constituents  are taken care of in the                                                               
scope of  something that is  fair for everyone.   The legislature                                                               
does that when legislators are concerned about their districts.                                                                 
                                                                                                                                
TAPE 03-28, SIDE A                                                                                                            
                                                                                                                                
REPRESENTATIVE  WILSON highlighted  that  legislators know  their                                                               
districts and  think in  terms of impacts  and benefits  to their                                                               
districts as  well as  the state while  public servants  think in                                                               
terms of the state [as a whole].                                                                                                
                                                                                                                                
Number 0132                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  said the  question of "who  decides" is                                                               
one of  the issues, specifically  in relation to  the exemptions.                                                               
Representative Gruenberg recalled that  in 1985-1986, the federal                                                               
government required states to  establish child support guidelines                                                               
and  a   task  force  was   established  by   Alaska's  governor.                                                               
Representative Gruenberg noted  that he, as a  legislator, sat on                                                               
the task force.   Ultimately, the legislature was  unable to deal                                                               
with  the  problem  and  by  default  the  Alaska  Supreme  Court                                                               
promulgated  Civil  Rule  90.3.     The  legislature  passed  the                                                               
responsibility  to another  branch  of government  and has  never                                                               
seized control  of that  issue again.   If the  legislature ducks                                                               
this issue of the sales tax  and passes the responsibility to the                                                               
public  servants, the  legislature will  never regain  control of                                                               
that  issue  either,  he  predicted.    Representative  Gruenberg                                                               
emphasized  that  the  issue  has  to  be  decided  and  if  this                                                               
legislature doesn't have  the fortitude to do  so, perhaps others                                                               
should be  sitting in the legislature.   Representative Gruenberg                                                               
said that he  didn't want to give up  the legislature's authority                                                               
and responsibility per the constitution.                                                                                        
                                                                                                                                
REPRESENTATIVE  HEINZE commented  on the  need for  more experts.                                                               
She related that she believes she  was elected to obtain the best                                                               
knowledge  in   order  to  make  the   best  decisions  possible.                                                               
Therefore,  she  doesn't  view  passing  this  responsibility  to                                                               
public servants [as appropriate].                                                                                               
                                                                                                                                
Number 0544                                                                                                                     
                                                                                                                                
REPRESENTATIVE   SEATON   returned   to    the   issue   of   how                                                               
Representative   Weyhrauch's  proposal   could   mesh  in   those                                                               
communities that  already have a local  sales tax.  He  said this                                                               
is  done all  the time  when fish  are sold.   He  explained that                                                               
there is a fish ticket and 2  percent of the sale is deducted for                                                               
the aquaculture  tax and 1  percent of  the sale is  deducted for                                                               
the  Alaska  Seafood  Marketing Institute  (ASMI)  tax,  and  the                                                               
processor  takes  a  3  percent   raw  fish  tax.    An  existing                                                               
municipality that has exemptions  and caps already includes those                                                               
items in  their calculations  and forms,  which would  remain the                                                               
same  under Representative  Weyhrauch's  proposal,  and then  the                                                               
calculation  and  forms would  specify  3  percent of  the  total                                                               
sales.   He opined  that it's not  that difficult.   Furthermore,                                                               
most of the businesses in the  state don't collect sales tax now.                                                               
A problem  does arise if  there is the  desire to have  a unified                                                               
collection  system  in  which  everything   is  melded  into  one                                                               
[system] and broken apart later.                                                                                                
                                                                                                                                
CO-CHAIR WHITAKER announced his  understanding with regard to the                                                               
implementation of  a sales tax through  regulation or legislation                                                               
that  it  appears  the  committee   has  reached  some  consensus                                                               
regarding the  need to do  this through the  legislative process.                                                               
Therefore, he specified that the next  issue at hand will be with                                                               
regard to how municipalities that  already have a sales tax would                                                               
be impacted by a [statewide] sales tax.                                                                                         
                                                                                                                                
REPRESENTATIVE WEYHRAUCH remarked that  the [statewide] sales tax                                                               
is simply overlayed on what a  community already does in terms of                                                               
the local  community's collection and  exemptions.  If  the state                                                               
specifies that  municipalities can't  exempt certain  items, then                                                               
there may  be upheaval  in those local  communities that  may gut                                                               
the entire reason  for having the sales and use  tax in their own                                                               
local community.   As a  state policy  matter, he said  he didn't                                                               
believe  the legislature  should dictate  what exemptions  should                                                               
exist  in local  communities that  already have  a sales  and use                                                               
tax.                                                                                                                            
                                                                                                                                
CO-CHAIR WHITAKER surmised then  that Representative Weyhrauch is                                                               
suggesting  that there  be no  meshing of  the two  taxes and  no                                                               
override of  state policy with  regard to exemptions  relative to                                                               
existing local exemptions.                                                                                                      
                                                                                                                                
Number 1152                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON inquired  as to how a local  sales tax with                                                               
exemptions and  the statewide  sales tax would  work at  the cash                                                               
register.                                                                                                                       
                                                                                                                                
MR.  PERSILY   said  that  a  sophisticated   cash  register  and                                                               
accounting system will  be able to handle it whereas  some of the                                                               
smaller businesses will have to use  either the two code books in                                                               
their head or purchase [a new  register].  Mr. Persily noted that                                                               
another  matter to  consider is  sourcing requirements,  which is                                                               
where  the taxable  transaction is  located.   He noted  that the                                                               
state   and  municipal   codes   may  differ   on  the   sourcing                                                               
requirements, which will  present serious administrative problems                                                               
for businesses.                                                                                                                 
                                                                                                                                
MR.  PERSILY, in  response to  Co-Chair Whitaker,  explained that                                                               
the Streamlined  Sales Tax  project is  a nationwide  effort with                                                               
the  intent  to  simplify sales  tax  administration  nationwide,                                                               
particularly in  these times of interstate  commerce and Internet                                                               
commerce.   States, cities,  and counties  are finding  that they                                                               
are losing  a lot of  money through interstate commerce  and thus                                                               
they are looking for a collective  answer.  The answer is for the                                                               
state and business  community to come together and  agree on some                                                               
basic rules and go to Congress  to change the law.  Therefore, in                                                               
the  case of  Alaska, if  there was  a statewide  sales tax,  the                                                               
state could collect sales tax on  Internet sales.  In order to do                                                               
the aforementioned,  one must  have one  administration statewide                                                               
because  businesses don't  want to  deal with  a separate  taxing                                                               
authority in every city and county.                                                                                             
                                                                                                                                
MR. PERSILY specified that the  [Streamlined Sales Tax Agreement]                                                               
would require that the state  have centralized administration and                                                               
a  set  of  rules  and  exemptions  statewide,  applying  to  all                                                               
jurisdictions.   Without the  aforementioned, the  state wouldn't                                                               
participate and would relinquish the opportunity to do so.                                                                      
                                                                                                                                
REPRESENTATIVE  HEINZE surmised  that if  the municipalities  are                                                               
allowed to collect  the tax, then Alaska wouldn't be  part of the                                                               
Streamlined Sales Tax Agreement project.                                                                                        
                                                                                                                                
Number 1558                                                                                                                     
                                                                                                                                
REPRESENTATIVE    WILSON    informed     the    committee    that                                                               
[Representative Crawford]  has discussed  with her  what occurred                                                               
when  the State  of Louisiana  decided it  would collect  all the                                                               
taxes at  the local  level.   In Louisiana  when the  local level                                                               
[took back]  the tax collection,  70 percent more  was collected.                                                               
Therefore, she ascertained that when  the locals collect the tax,                                                               
it  will be  done well  because part  of the  money stays  in the                                                               
locality.     Representative  Wilson  related  that   she  favors                                                               
allowing the local  entities to collect the taxes  in those areas                                                               
where the local entities are already collecting local taxes.                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON specified  that the  committee is  dealing                                                               
with two different  problems.  One problem is  that the committee                                                               
is,  in an  extremely short  period of  time, trying  to craft  a                                                               
sales tax  without totally interfering  with all  the communities                                                               
that collect  sales tax.   Representative  Weyhrauch's suggestion                                                               
takes care  of the  aforementioned.  However,  to enter  into the                                                               
Streamlined  Sales Tax  Agreement  project  [requires] more  time                                                               
[because]  when one  tries to  coordinate exemptions  and overlay                                                               
caps there  will be massive  upheaval.  The  aforementioned could                                                               
be eliminated under Representative Weyhrauch's suggestion.                                                                      
                                                                                                                                
Number 2133                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  said that he understood  that there are                                                               
benefits to  streamlining the  system.   He suggested  that there                                                               
must be  some way  to solve these  problems and  still streamline                                                               
the process.                                                                                                                    
                                                                                                                                
MR. PERSILY clarified  that Representative Weyhrauch's suggestion                                                               
wouldn't  allow   Alaska  to  join  the   Streamlined  Sales  Tax                                                               
Agreement  project.   The purpose  of the  Streamlined Sales  Tax                                                               
Agreement project is that it's  business friendly, which wouldn't                                                               
be the case  if a business has to program  its cash registers and                                                               
accounting system  to maintain  two sets of  tax return  books on                                                               
the same transaction.  That would be a policy call, he said.                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG surmised  then  that the  [legislature]                                                               
has  to decide  whether to  do this  in a  manner with  which the                                                               
municipalities can live or the  businesses can live.  He inquired                                                               
as to how this dilemma can be resolved.                                                                                         
                                                                                                                                
MR. PERSILY  suggested that the  best way to  deal with it  is to                                                               
take a  vote on the best  piece of legislation the  committee can                                                               
craft.   He stressed  that he  wasn't sure  there was  a solution                                                               
that maintained local control over  97 communities, boroughs, and                                                               
municipalities that have 97 different  tax codes while imposing a                                                               
statewide tax over it all rather than going to just one [tax].                                                                  
                                                                                                                                
Number 2356                                                                                                                     
                                                                                                                                
REPRESENTATIVE   OGG  characterized   Representative  Weyhrauch's                                                               
suggestion as an  issue of sovereignty; sovereignty  at the local                                                               
level versus that at  the state level.  If the  desire is to move                                                               
to the  Streamlined Sales Tax  Agreement project, there  can't be                                                               
two entities with sovereignty over  taxation.  Representative Ogg                                                               
posed a situation  in which a young person owns  a bait business.                                                               
Under   [Representative  Weyhrauch's   suggestion],  this   young                                                               
business person  would have to  determine which items  are exempt                                                               
under the  local tax and which  are exempt under the  state sales                                                               
tax.  However, under the  Streamlined Sales Tax Agreement project                                                               
this young business  owner would only have one  set of exemptions                                                               
that would  apply to everything, which  Representative Ogg viewed                                                               
as  simpler.   Representative Ogg  identified a  second issue  in                                                               
regard to how one would  deal with collection and those municipal                                                               
tax  employees.    He  asked  if  [under  Streamlined  Sales  Tax                                                               
Agreement project] the  collection would be shifted  to the state                                                               
or  would   the  state   be  allowed   to  contract   with  local                                                               
municipalities with  existing sales tax structures.   He informed                                                               
the committee  that Wyoming has  10 field offices to  collect the                                                               
[state's]  sales tax  and  these [local  collectors]  need to  be                                                               
there to address the problem  mentioned by Representative Wilson.                                                               
Therefore,  Representative  Ogg  expressed the  need  to  include                                                               
language in  the CS allowing  the existing municipalities  to act                                                               
as agents  or the field  office on  a contractual basis  with the                                                               
state.    Representative  Ogg  opined  that  one  sovereignty  is                                                               
necessary to allow [small businesses] to be good entrepreneurs.                                                                 
                                                                                                                                
Number 2709                                                                                                                     
                                                                                                                                
CO-CHAIR WHITAKER highlighted that  a single sovereignty would be                                                               
advantageous,  especially  if  the  state is  conforming  with  a                                                               
streamlined national  program in  the future and  simplifying the                                                               
method by  which the tax is  collected and paid.   He related his                                                               
understanding  of Representative  Ogg's  belief that  there is  a                                                               
middle  ground in  which  the local  collection  system could  be                                                               
combined with the state program being discussed.                                                                                
                                                                                                                                
CO-CHAIR WHITAKER  announced that  the committee  would reconvene                                                               
tomorrow at 5:00 p.m.                                                                                                           
                                                                                                                                
[HB 293 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Ways and  Means meeting  was adjourned  at                                                               
11:05 a.m.                                                                                                                      

Document Name Date/Time Subjects