Legislature(2021 - 2022)ANCH LIO DENALI Rm

10/14/2021 10:00 AM House WAYS & MEANS

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Audio Topic
10:04:58 AM Start
10:06:00 AM HB141
10:27:41 AM HB4005
11:22:41 AM Presentation(s): Local Sales Taxes in Alaska
12:16:47 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 141 APPROPRIATION LIMIT; GOV BUDGET TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB4005 STATE SALES AND USE TAX TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
Presentation: Local Sales Taxes in Alaska by
Nils Andreassen, Exec. Dir. of the
Alaska Municipal League
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                   HB 4005-STATE SALES AND USE TAX                                                                          
                                                                                                                                
10:27:41 AM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ  announced   that the  next  order  of business  would                                                         
be  HOUSE  BILL  NO. 4005,  "An  Act  relating  to  a  state  sales  and                                                        
use  tax; authorizing   the Department  of  Revenue  to enter  into  the                                                        
Streamlined   Sales  and  Use  Tax  Agreement;  and  providing   for  an                                                        
effective date."                                                                                                                
                                                                                                                                
10:28:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE    GERAN   TARR,   Alaska   State   Legislature,   prime                                                         
sponsor,   presented    HB  4005.     She   summarized   a   PowerPoint                                                         
presentation,   titled,   "HB  4005   Statewide   Sales  and  Use  Tax"                                                         
[hard  copy included  in  the  committee  packet].  Beginning  on slide                                                         
2,  she expressed   her  concern  that  a cut  to  the  dividend  was  a                                                        
regressive   option   that  would   disproportionally    affect  middle                                                         
income  families  the  most.    She turned  to  slide  3,  highlighting                                                         
conclusions    made  by   the   Institute   of  Social   and   Economic                                                         
Research   (ISER)   on  the  economic   impact   of  PFD   cuts.     She                                                        
proceeded    to   slide   4,   which   read   as   follows    [original                                                         
punctuation provided]:                                                                                                          
                                                                                                                                
      Concepts for HB 4005                                                                                                      
                                                                                                                                
      ? Lessons from 2017                                                                                                       
      ? Spreading   burden  among  all  who  benefit  from  public                                                              
      services ? Getting comfortable with a sales tax                                                                           
           ? Who pays and how soon                                                                                              
           ? Deductions                                                                                                         
           ? Management                                                                                                         
                                                                                                                                
REPRESENTATIVE   TARR  advanced  to  slide  5,  which  read as  follows                                                         
[original punctuation provided]:                                                                                                
                                                                                                                                
      Lessons from 2017                                                                                                         
                                                                                                                                
      ?House Majority passes 4-part Fiscal Plan                                                                                 
      ?Zero  support  from  Senate   Majority  leads   to  failure                                                              
      ?Governor    must    support    proposals    forwarded    by                                                              
      legislature                                                                                                               
                                                                                                                                
REPRESENTATIVE   TARR  continued  to slide  6,  which  read  as follows                                                         
[original punctuation provided]:                                                                                                
                                                                                                                                
      Do  you  want  only   Alaskans  to   contribute   to  public                                                              
      services? No!                                                                                                             
                                                                                                                                
      ? Everyone  who use  benefits from  public  services  should                                                              
      have a way to contribute                                                                                                  
      ? Population  of  Alaska (733,000)   is a medium  size  city                                                              
      in lower 48                                                                                                               
      ?  Denver,    Seattle,    San   Francisco,    Indianapolis,                                                               
      Charlotte,   Columbus,   Jacksonville,    Fort  Worth,   and                                                              
      Austin   are  all   around   or   more   than   our   entire                                                              
      population of 733,000                                                                                                     
         ? Very large state (2.5 times the size of Texas, the                                                                   
        next largest state and Texas, California, and Montana                                                                   
      combined are all smaller than Alaska)                                                                                     
        ? 20% of workforce is out of state residents and 2.26                                                                   
      million visitors (2019)                                                                                                   
                                                                                                                                
REPRESENTATIVE   TARR  continued  to slide  7,  which  read  as follows                                                         
[original punctuation provided]:                                                                                                
                                                                                                                                
      Getting Comfortable with a Sales Tax                                                                                      
                                                                                                                                
      ? 45 other states have statewide sales and use tax                                                                        
           ? 21 with Democratic Governors                                                                                       
           ? 24 with Republican Governors                                                                                       
       ? Alaskans spend more on domestic travel than residents                                                                  
      of any other state                                                                                                        
            ? Hawaii  4% GET plus legislature authorized                                                                        
           counties to collect surcharge                                                                                        
           ? City and County of Honolulu: 0.5% effective                                                                        
           January 1, 2007 to December 31, 2030                                                                                 
           ?  HONOLULU   (KHON2)       Counties   are  poised   to                                                              
           increase  hotel  room  taxes  up to  3%. It  is  a move                                                              
           that  affects   not  just   visitors,  but   also  many                                                              
           Hawaii   residents.   Tourism   experts   said   Hawaii                                                              
           hotels  already  add 15%  in taxes  to  the hotel  room                                                              
           rates.  That will  soon go  up to 18%.  (Jul 8,  2021)                                                               
                                                                                                                                
10:37:57 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   SPOHNHOLZ   was  usure  how  domestic  travel  related                                                         
to the sales tax proposal.                                                                                                      
                                                                                                                                
REPRESENTATIVE   TARR   pointed  out  that  when   Alaskans  travel   to                                                        
other   paces,    they   are   contributing    to   those    economies.                                                         
Similarly,    she  argued   that   visitors    to  Alaska    should   be                                                        
contributing   to Alaska's  economy.    She  resumed  the  presentation                                                         
on  slide  8, which  provided  a  table  of who  would  be affected   by                                                        
various  tax  proposals,   how  much  they  would  pay,   and  how soon                                                         
revenue  would  be  collected.   She  addressed  exemptions   on slides                                                         
9-10, which read as follows [original punctuation provided]:                                                                    
                                                                                                                                
      Exemptions                                                                                                                
                                                                                                                                
           ? Don't want to disproportionately burden rural                                                                      
      communities and lowincome (sic) families                                                                                  
      ? Exempt basic essentials                                                                                                 
           ? Food from grocery store                                                                                            
           ? Medicine, including medical services, drugs,                                                                       
           durable medical equipment, mobility enhancing                                                                        
           equipment, and prosthetic devices                                                                                    
           ? Child care services                                                                                                
             ? Feminine hygiene products (No Period tax!)                                                                       
                                                                                                                                
      Exemptions                                                                                                                
                                                                                                                                
      ? Some deductions must be included                                                                                        
           ? State can't tax feds                                                                                               
           ? State or an instrumentality of the state                                                                           
      ? Others included could be considered or expanded                                                                         
           ? Financial services                                                                                                 
           ? Non-profits (now just 501(c)(3) (there are 29                                                                      
           501(c) categories)                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR proceeded to slide 11, which read as follows                                                                
[original punctuation provided]:                                                                                                
                                                                                                                                
      Management (new version)                                                                                                  
                                                                                                                                
      ?Municipalities  and  Boroughs  levy  the tax,  collects  it                                                              
      and remits to state                                                                                                       
      ?Exemptions   for   local   sales  and   use   tax   can  be                                                              
      different from state                                                                                                      
      ?Needs to be reauthorized every 7 years                                                                                   
                                                                                                                                
10:48:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR advanced to slide 12, which read as follows                                                                 
[original punctuation provided]:                                                                                                
                                                                                                                                
      One part of a seven-part Fiscal Plan                                                                                      
                                                                                                                                
      REVENUE GENERATION:                                                                                                       
      ? HJR  7:  The  constitutional   amendment  protecting   the                                                              
      Permanent  Fund  by  changing   to the  percent   of  market                                                              
      value  (POMV)  management,   limiting  the  annual  draw  to                                                              
      5%, and  saying  there  shall  be  a  dividend  as  provided                                                              
      by law   (introduced  by  Governor   Dunleavy   on  February                                                              
      18, 2021).                                                                                                                
      ? HB  73:  Legislation   that  establishes   a  50/50  split                                                              
      between  government  expenditures   and  dividends  for  the                                                              
      annual   draw   (introduced    by  Governor    Dunleavy   on                                                              
      February 18, 2021).                                                                                                       
      ? HB 104:  Legislation  that  increases  the  base tax  rate                                                              
      per gallon  for  four  separate  motor  fuels  (8 cents  for                                                              
      highway,  5  cents  for marine,   4.7  cents  for aviation,                                                               
      and  3.2  cents  for  jet,  introduced   by  Representative                                                               
      Josephson on February 19, 2021).                                                                                          
      ? HB  130:   Legislation   that  closes  tax  loopholes   in                                                              
      Alaska's  corporate  income  tax structure   (introduced  by                                                              
      Representative Wool on March 10, 2021).                                                                                   
                                                                                                                                
      NEW LEGISLATION:                                                                                                          
      ? HB  4004: Legislation   that  increases  the  minimum  tax                                                              
      on  oil  and  gas  from   4%  to  6%,  suspends   all  other                                                              
      components  of  the  oil and  gas  tax  until  December  31,                                                              
      2024, (introduced   by Representative   Tarr  on August  30,                                                              
      2021).                                                                                                                    
      ? HB  4005: Legislation   establishing   a sales  tax  which                                                              
      exempts  food  for  groceries,  heating   oil,  health  care                                                              
      services   (including    services    at   a   health    care                                                              
      facility,  drugs,   durable  medical   equipment,   mobility                                                              
      enhancing  equipment,  and  prosthetic  devices,  childcare                                                               
      services,   feminine   hygiene   products),    among   other                                                              
      exemptions   (introduced    by   Representative    Tarr   on                                                              
      August 30, 2021).                                                                                                         
                                                                                                                                
      BUDGET REDUCTIONS:                                                                                                        
      ? Address  five  major  public   health  and  public  safety                                                              
      crisis   of  child   abuse,   domestic   violence,    sexual                                                              
      assault, mental health, and substance misuse                                                                              
                                                                                                                                
REPRESENTATIVE TARR advanced to slide 13, which read as follows                                                                 
[original punctuation provided]:                                                                                                
                                                                                                                                
      Impact to Alaskans  2% general sales and use tax                                                                          
                                                                                                                                
      In  terms  of  the  impact   to  Alaskans,   here  are  some                                                              
      estimates                                                                                                                 
      PFD $2350 per person (50/50 plan)                                                                                         
      Fuel Tax  - $32  for  every 10,000  miles  driven  in  a car                                                              
      with 25 mpg                                                                                                               
      Sales  Tax  -  $200  for  every   $10,000  in  spending   on                                                              
      taxable items                                                                                                             
      Total = $2118 after paying taxes                                                                                          
                                                                                                                                
      Double the tax burden                                                                                                     
      PFD $2350 per person (50/50 plan)                                                                                         
        Fuel Tax - $64 for every 20,000 miles driven in a car                                                                   
      with 25 mpg                                                                                                               
          Sales Tax - $400 for every $20,000 in spending on                                                                     
      taxable items                                                                                                             
      Total = $1886 after paying taxes                                                                                          
                                                                                                                                
         Hypothetical family of four is better off by $4,450                                                                    
      with sales tax, does not children                                                                                         
                                                                                                                                
REPRESENTATIVE   TARR concluded   on slide  14, which  read  as follows                                                         
[original punctuation provided]:                                                                                                
                                                                                                                                
      Other Considerations                                                                                                      
                                                                                                                                
      ? Is state management necessary?                                                                                          
           ?Lessons learned since 2015 and online sales tax                                                                     
            Nils Andreassen of AML to speak to this issue                                                                       
                                                                                                                                
      ? Should all 501(c) organizations be exempt?                                                                              
           ?29 different categories- did not change in this                                                                     
           version                                                                                                              
                 ?Volunteer fire departments (could be (c)(3)                                                                   
                 or (c)(4)                                                                                                      
                 ?Veteran organizations (c)(23)                                                                                 
                                                                                                                                
10:53:06 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   JOSEPHSON  asked  why the  legislature  should  invest                                                         
energy  into  this proposal  given  the  likelihood  that  the governor                                                         
would  veto  it.   He  further  noted  that the  legislation   lacked  a                                                        
companion bill in the Senate.                                                                                                   
                                                                                                                                
REPRESENTATIVE    TARR    suggested    that   several    senators    had                                                        
indicated   interest  in  this   proposal;  however,   she  was  unsure                                                         
whether  a companion  bill  would  be introduced.    She conveyed  that                                                         
she  had   asked  the   governor   to  indicate   his  willingness    to                                                        
support  a sales  tax,  adding that  she  wished such  a statement   had                                                        
been made by the administration.                                                                                                
                                                                                                                                
REPRESENTATIVE    JOSEPHSON    expressed    his    concern   that    the                                                        
legislation  was  being  proposed  as part  of a seven-part   plan.   He                                                        
was unclear on how that could be accomplished.                                                                                  
                                                                                                                                
REPRESENTATIVE   TARR  relayed  that  recently,   people  seemed  to  be                                                        
more  willing  to consider   proposals  that  that they  may  not align                                                         
with.   She  said,  "[We're]  just getting  to  a place  where  we just                                                         
need to do something."                                                                                                          
                                                                                                                                
11:00:59 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE     TARR,    in   response    to    a   question    from                                                         
Representative    Prax,  said   her  intention   was  that   businesses                                                         
would  not  pay sales  tax  when purchasing   something  they  would  be                                                        
selling.    She continued   to explain  that  businesses  would  obtain                                                         
a seller's permit.                                                                                                              
                                                                                                                                
11:04:04 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   WOOL expressed   his concerns  with  the proposal   and                                                        
asked  for specifics   on what  kind  of items  and  services  would  be                                                        
taxed.   He  pointed  out that  prices  in  rural  Alaska were  already                                                         
high  and   opined  that  the   addition  of   a  sales  tax  would   be                                                        
extremely   regressive.      He   recalled   a  slide   from   a  prior                                                         
presentation   on HB  37 that  highlighted  data  from  ISER  and ITEP,                                                         
indicating  that  those  who make  less than  $100,000  per  year would                                                         
pay  more  on a  sales  tax than  an  income  tax.   He  noted  that  81                                                        
percent   of  Alaskans   make   less  than   $100,000   annually.     He                                                        
maintained   his concern   about  the  regressivity  of  the  proposal.                                                         
He  discussed  the  impact  of  dividend  cuts  and  wondered   how  the                                                        
bill  sponsor  would acquiesce   to the  various  exemptions  that many                                                         
groups would lobby for.                                                                                                         
                                                                                                                                
REPRESENTATIVE   TARR  acknowledged   his  concerns.     She  discussed                                                         
the  impacts  that  government   shutdowns  have  on  state  employees.                                                         
She  reiterated  that the  state  could bring  in  $300 million  in  new                                                        
revenue  while   keeping  food,  medicine,   and  heating  oil  exempt.                                                         
She  suggested  adding  essential  items  for children,  such  diapers,                                                         
to the list of exemptions.                                                                                                      
                                                                                                                                
11:15:31 AM                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ,   directing  her  question  to  Ms.  Reynolds,  asked                                                         
whether   this  proposal   could  truly  be  implemented   by  July   1,                                                        
2022, as suggested in the sponsor's presentation.                                                                               
                                                                                                                                
11:17:01 AM                                                                                                                   
                                                                                                                                
NICOLE  REYNOLDS,   Deputy  Director,   Tax  Division,   Department   of                                                        
Revenue,  expected  a bill  such  as this  to take  at least  12 months                                                         
to implement.                                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ,  referring  to  the fiscal  note,  asked  whether  the                                                        
local tax collections reduced the implementation cost and by how much.                                                          
                                                                                                                                
MS.  REYNOLDS  said  that change  in  the legislation   did  not affect                                                         
the fiscal note.                                                                                                                
                                                                                                                                
11:18:11 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   JOSEPHSON   recalled  that  Representative    Tarr  had                                                        
implied  that  if HB 4005  had  been law,  it would  have  improved  the                                                        
political   impasse  that  occurred  last  summer.    He  asked  her  to                                                        
elaborate on that thought.                                                                                                      
                                                                                                                                
REPRESENTATIVE   TARR  shared  her  belief   that  to the  extent   that                                                        
new   revenue  solves   the   dividend   debate,   HB  4005   would   be                                                        
beneficial.                                                                                                                     
                                                                                                                                
CHAIR  SPOHNHOLZ  opined  that  such  a complex  piece  of  legislation                                                         
could   take   years   to   implement   even   if   expedited   by   the                                                        
department.                                                                                                                     
                                                                                                                                
11:20:37 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE    WOOL  asked   whether  the   sponsor's   constituents                                                         
would  have reacted  differently   to the  proposal  if they  knew that                                                         
those  making  under   $100,000  would  pay  more  under   a sales   tax                                                        
compared   to an  income   tax.   Additionally,   he  asked  whether   a                                                        
$1,000 increase to the PFD would offset the sales tax.                                                                          
                                                                                                                                
REPRESENTATIVE   TARR said  a dividend  of  over $1000  would  offset  a                                                        
sales   tax;  further,   she   acknowledged   that   her   constituents                                                         
preferred an income tax.                                                                                                        

Document Name Date/Time Subjects
HB 4005 Sponsor Statement.pdf HW&M 10/14/2021 10:00:00 AM
HB4005
HB 4005 Sectional Analysis.pdf HW&M 10/14/2021 10:00:00 AM
HB4005
HB 4005 Fiscal Note - DOR.pdf HW&M 10/14/2021 10:00:00 AM
HB4005
HB 4005 Supporting Documents.pdf HW&M 10/14/2021 10:00:00 AM
HB4005
AML Presentation - Local Sales Taxes, 10.14.21.pdf HW&M 10/14/2021 10:00:00 AM
CS for HB141(W&M) v. D.pdf HW&M 10/14/2021 10:00:00 AM
HB 141
HB 141 Fiscal Note, 5.3.21.pdf HW&M 10/14/2021 10:00:00 AM
HB 141
HB 141 Sponsor Statement.pdf HW&M 4/29/2021 11:30:00 AM
HW&M 10/14/2021 10:00:00 AM
HB 141
HB 141 Sectional Analysis. v.D.pdf HW&M 10/14/2021 10:00:00 AM
HB 141
HB 141 Explanation of Changes, v.G to v.D.pdf HW&M 10/14/2021 10:00:00 AM
HB 141
HB 4005 Presentation, 10.14.21.pdf HW&M 10/14/2021 10:00:00 AM
HB4005
HB 4005 COST Testimony 10.13.21.pdf HW&M 10/14/2021 10:00:00 AM
HB4005
DOR Response to HWM 2021.10.28.pdf HW&M 10/14/2021 10:00:00 AM