Legislature(2005 - 2006)BUTROVICH 205

04/19/2005 01:45 PM Senate TRANSPORTATION


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01:48:39 PM Start
01:50:50 PM SB174
02:04:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change from 1:30 pm to 1:45 pm --
*+ SB 174 EXEMPT UHAULS FROM VEHICLE RENTAL TAX TELECONFERENCED
Moved SB 174 Out of Committee
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         April 19, 2005                                                                                         
                           1:48 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Charlie Huggins, Chair                                                                                                  
Senator John Cowdery, Vice Chair                                                                                                
Senator Gene Therriault                                                                                                         
Senator Albert Kookesh                                                                                                          
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 174                                                                                                             
"An Act excluding certain trucks from the definition of                                                                         
'passenger vehicle' for purposes of the passenger vehicle rental                                                                
tax; and providing for an effective date."                                                                                      
     MOVED SB 174 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 174                                                                                                                  
SHORT TITLE: EXEMPT UHAULS FROM VEHICLE RENTAL TAX                                                                              
SPONSOR(s): SENATOR(s) HUGGINS                                                                                                  
                                                                                                                                
04/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/14/05       (S)       TRA, FIN                                                                                               
04/19/05       (S)       TRA AT 1:45 PM BUTROVICH 205                                                                           
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Deborah Grundmann, Legislative Aide                                                                                             
Staff to Chair Huggins                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Introduced SB 174.                                                                                        
                                                                                                                                
John Norris, President                                                                                                          
U-Haul of Alaska                                                                                                                
4631 Shelburne Place                                                                                                            
Anchorage, Alaska 99516-2930                                                                                                    
POSITION STATEMENT: Testified in support of SB 174.                                                                           
                                                                                                                                
Joanna Bales, Program Manager                                                                                                   
Vehicle Rental Tax                                                                                                              
Department of Revenue                                                                                                           
PO Box 110400                                                                                                                   
Juneau, AK  99811-0400                                                                                                          
POSITION STATEMENT: Neutral on SB 174.                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR CHARLIE  HUGGINS called the Senate  Transportation Standing                                                             
Committee meeting to  order at 1:48:39 PM.  Present were Senators                                                             
John  Cowdery, Gene  Therriault, Hollis  French, Albert  Kookesh,                                                               
and Chair Charlie Huggins.                                                                                                      
                                                                                                                                
          SB 174-EXEMPT UHAULS FROM VEHICLE RENTAL TAX                                                                      
                                                                                                                                
CHAIR HUGGINS announced SB 174 to be up for consideration.                                                                      
                                                                                                                                
DEBORAH GRUNDMANN, staff to Senator Huggins, said:                                                                              
                                                                                                                                
     Before you  today is SB  174, an act  excluding certain                                                                    
     trucks from  the definition of 'passenger  vehicle' for                                                                    
     purposes  of  the  Passenger  Vehicle  Rental  Tax  and                                                                    
     providing for  an affective date.  Senate Bill  174 was                                                                    
     introduced  to  correct  an unintended  consequence  of                                                                    
     legislation passed in 2003.                                                                                                
                                                                                                                                
     In  2003 the  Alaska  Legislature passed  HB  271 as  a                                                                    
     tourism  based   tax  on  passenger  rental   cars  and                                                                    
     recreational vehicles.  The purpose  of the tax  was to                                                                    
     tax  visitors   using  our   road  system,   not  local                                                                    
     citizens.  However, HB 271  has negatively impacted the                                                                    
     following: Alaska  citizens needing to move,  our local                                                                    
     independent  outlets  and  the  consumer  truck  rental                                                                    
     business overall. Senate Bill  174 will ensure that the                                                                    
     tax applies  more specifically  to the  intended target                                                                    
     of visitors  renting passenger vehicles  and recreation                                                                    
     vehicles.                                                                                                                  
                                                                                                                                
     Currently  the Department  of Revenue  anticipates that                                                                    
     $7.4 million  will be  collected from  this tax,  if U-                                                                    
     Hauls  are  excluded,  there  will   be  a  deficit  of                                                                    
     $275,000  dollars.  So  this   exclusion  will  have  a                                                                    
     minimal impact on the taxes that are being collected.                                                                      
                                                                                                                                
1:50:50 PM                                                                                                                    
                                                                                                                                
JOHN NORRIS, President of U-Haul Alaska, said:                                                                                  
                                                                                                                                
     The  passage of  HB 271  has affected  Alaskan citizens                                                                    
     that  have  needed  to   move,  our  local  independent                                                                    
     outlets  and our  business overall.  Today, 17  percent                                                                    
     fewer people  are using our  services and in  the month                                                                    
     of  March  alone  there  was   a  29  percent  drop  in                                                                    
     customers using our services.                                                                                              
                                                                                                                                
     Moving  is   a  stressful  time  for   people  and  the                                                                    
     additional tax  is often applied  to customers  who can                                                                    
     least  afford  it, adding  even  more  stress to  their                                                                    
     moving experience. After HB 271  became law, HB 347 was                                                                    
     introduced  during  the  2004  legislative  session  to                                                                    
     correct the  unintended inclusion  of taxicabs.  HB 347                                                                    
     provided an  exemption for taxicabs and  was passed and                                                                    
     signed into law.  SB 174 would provide  the same relief                                                                    
     for trucks that HB 347 provided to taxicabs.                                                                               
                                                                                                                                
1:52:40 PM                                                                                                                    
                                                                                                                                
     Ninety-Five  percent  of  our  customers  who  use  our                                                                    
     services  are  Alaska  residents. The  Alaska  Trucking                                                                    
     Association  favors  this  legislation along  with  the                                                                    
     truck renting and  leasing association. As far  as I am                                                                    
     aware  there are  no investor  groups that  oppose this                                                                    
     legislation.                                                                                                               
                                                                                                                                
     Since starting  the business in  1992, we have  seen an                                                                    
     increase in  utilization at the  rate of about 7  to 14                                                                    
     percent  each  year. The  17  percent  decrease in  the                                                                    
     utilization of our services was  the first decline that                                                                    
     we  have  ever  seen.  While I  cannot  attribute  this                                                                    
     solely  to any  one  item, the  communication from  our                                                                    
     customers  is  that  the  10 percent  tax  has  been  a                                                                    
     significant hardship for them.                                                                                             
                                                                                                                                
     This  tax  is  having   a  significant  impact  on  how                                                                    
     Alaskans move  yet it is  only a small  amount compared                                                                    
     to  the estimated  $7 million  that  will be  collected                                                                    
     from  the  intended  target of  SB  271.  Additionally,                                                                    
     truck rental is  done by business that  must meet their                                                                    
     peak  procedural  demands   and  higher  transportation                                                                    
     costs will  almost certainly result in  higher consumer                                                                    
     product costs.  In either  case, Alaskan  residents are                                                                    
     bearing the burden of the  additional 10 percent tax. I                                                                    
     support SB 174.                                                                                                            
                                                                                                                                
SENATOR COWDERY asked the lowest daily rental that he offers.                                                                   
                                                                                                                                
SENATOR KOOKESH arrived at 1:55:41 PM.                                                                                        
                                                                                                                                
MR. NORRIS responded:                                                                                                           
                                                                                                                                
     The smallest vehicle that we rent is about $19.95 and                                                                      
     the average mileage rental that we have is about $55.                                                                      
                                                                                                                                
SENATOR COWDERY asked if that sum includes tax.                                                                                 
                                                                                                                                
MR. NORRIS responded no.                                                                                                        
                                                                                                                                
SENATOR COWDERY asked Mr. Norris whether he would change his                                                                    
rental rates if the bill were to pass.                                                                                          
                                                                                                                                
MR. NORRIS said his rates would remain at their current level.                                                                  
                                                                                                                                
SENATOR FRENCH asked whether trailers are subject to the tax.                                                                   
                                                                                                                                
MR. NORRIS responded trailers are not subject to the tax.                                                                       
                                                                                                                                
SENATOR FRENCH asked the witness if his smallest truck is over                                                                  
8,500 pounds.                                                                                                                   
                                                                                                                                
MR. NORRIS responded yes.                                                                                                       
                                                                                                                                
SENATOR FRENCH asked if that is the case with his competitor's                                                                  
vehicles.                                                                                                                       
                                                                                                                                
MR. NORRIS replied all of his competitors are in the same weight                                                                
category as his.                                                                                                                
                                                                                                                                
1:57:38 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked the witness the number of outlets his                                                                       
company has in Alaska.                                                                                                          
                                                                                                                                
MR NORRIS replied his company has 49 independent rental agencies                                                                
and three company-owned rental agencies.                                                                                        
                                                                                                                                
CHAIR HUGGINS asked Mr. Norris whether  he talked with any of his                                                               
competitors  about  the bill  and  if  so,  whether any  of  them                                                               
objected to the bill.                                                                                                           
                                                                                                                                
MR. NORRIS responded he had not  spoken to any of his competitors                                                               
about the bill.                                                                                                                 
                                                                                                                                
CHAIR HUGGINS  asked Mr. Norris  if he  believes that any  of his                                                               
competitors have any reason to oppose this bill.                                                                                
                                                                                                                                
MR. NORRIS said  he does not believe any of  his competitors have                                                               
reason to oppose SB 174.                                                                                                        
                                                                                                                                
CHAIR HUGGINS asked  whether he was surprised at  the effect that                                                               
HB 271 had on his business.                                                                                                     
                                                                                                                                
MR.  NORRIS  replied the  affect  that  HB  271  has had  on  his                                                               
business came as a total surprise.                                                                                              
                                                                                                                                
CHAIR  HUGGINS asked  how he  was told  that he  was supposed  to                                                               
collect the tax.                                                                                                                
                                                                                                                                
MR. NORRIS answered that the  Department of Revenue contacted his                                                               
accounting firm.                                                                                                                
                                                                                                                                
1:59:31 PM                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT asked if standard pickup trucks are taxed.                                                                   
                                                                                                                                
MR. NORRIS said that standard  pickup trucks would still be taxed                                                               
if  this bill  were to  pass since  they weight  less than  8,500                                                               
pounds, which is the exception limit.                                                                                           
                                                                                                                                
2:01:02 PM                                                                                                                    
                                                                                                                                
MS.  JOHANNA   BALES,  program   manager,  Vehicle   Rental  Tax,                                                               
Department of  Revenue, responded  language of  the bill  is such                                                               
that two  standards must be met  before a rental truck  is exempt                                                               
from taxation. One is the  weight requirement of 8,500 pounds and                                                               
the other  is the  vehicle must be  designed, used  or maintained                                                               
primarily for the transportation of personal property.                                                                          
                                                                                                                                
2:02:40 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  asked; 'When HB 271  was put into affect  in 2003,                                                               
did you  realize that moving  vehicles would be included,  or was                                                               
that a surprise to you as well?'                                                                                                
                                                                                                                                
MS. BALES responded:                                                                                                            
                                                                                                                                
     It didn't come as much of  as surprise. I think that we                                                                    
     were more surprised  by the taxicab rentals.  I do need                                                                    
     to  point out  that the  municipality of  Anchorage has                                                                    
     its own  vehicle rental tax  that is separate  from the                                                                    
     state  and they  specifically exclude  the U-Haul  type                                                                    
     rental vehicles from their rental tax as well.                                                                             
                                                                                                                                
SENATOR THERRIAULT moved SB 174 from committee with attached                                                                    
fiscal notes and attached recommendations. There being no                                                                       
objections, the motion carried.                                                                                                 
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Huggins adjourned the meeting at 2:04:26 PM.                                                                            
                                                                                                                                
                                                                                                                                

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