Legislature(2011 - 2012)HOUSE FINANCE 519

04/12/2012 09:00 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued at 5:30 p.m. Today --
+ SB 137 SUICIDE AWARENESS & PREVENTION TRAINING TELECONFERENCED
Moved HCS SB 137(FIN) Out of Committee
+ SB 19 PASSENGER VEHICLE RENTAL TAX TELECONFERENCED
Heard & Held
+ SB 135 CONTINUANCES IN CRIMINAL TRIALS; VICTIMS TELECONFERENCED
Moved HCS CSSB 135(FIN) Out of Committee
+= SB 23 FILM PRODUCTION TAX CREDIT/AUDITS TELECONFERENCED
Scheduled But Not Heard
+= SB 119 ATHLETIC TRAINERS TELECONFERENCED
<Pending Referral>
+ SCR 24 COMMISSION ON 100TH ANNIV. OF LEGISLATURE TELECONFERENCED
Scheduled But Not Heard
+ SB 160 BUDGET: CAPITAL TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR SENATE BILL NO. 19(FIN)                                                                                                
                                                                                                                                
     "An Act specifying the vehicle rental tax for                                                                              
     motorcycles and motor-driven cycles; and providing for                                                                     
     an effective date."                                                                                                        
                                                                                                                                
5:33:31 PM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough MOVED to  ADOPT the proposed committee                                                                    
substitute for  CSSB 19, Work Draft  27-LS0157\B (Luckhaupt,                                                                    
4/10/12) as a working document.                                                                                                 
                                                                                                                                
Co-Chair Stoltze OBJECTED for the purpose of discussion.                                                                        
                                                                                                                                
JOE MICHEL, STAFF, REPRESENTATIVE  BILL STOLTZE, remarked on                                                                    
two major  changes in the  House CS that incorporated  SB 26                                                                    
into  the  legislation.  Section  1 was  added  to  the  CS;                                                                    
Section 1 continued to page 2,  line 21. On page 3, line 31,                                                                    
Section  7 was  added.  On page  4, Sections  8  and 9  were                                                                    
added.                                                                                                                          
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, Work Draft 27-LS0157\B was ADOPTED.                                                                          
                                                                                                                                
KRISTEN  PETERSON, STAFF,  SENATOR  HOLLIS FRENCH,  extended                                                                    
the  sponsor's  apologies  for being  unable  to  attend  in                                                                    
person.  She explained  that  motorcycles  and motor  driven                                                                    
cycles  were  currently  subject to  the  Passenger  Vehicle                                                                    
Rental  Tax, which  was 10  percent  of the  total fees  and                                                                    
costs  that  were charged  for  the  rental of  a  passenger                                                                    
vehicle; the  tax was found  in AS 43.52.010  and 43.52.020.                                                                    
The CS  for SB 19  would reduce  the tax on  motorcycles and                                                                    
motor driven cycles  to 3 percent, bringing it  in line with                                                                    
the  tax on  recreation  vehicles,  motorhomes, and  campers                                                                    
that was located in AS  43.53.030 and 43.53.040. She offered                                                                    
that in 2003, the Alaska  Legislature had passed the Vehicle                                                                    
Rental Tax  on passenger vehicles without  having discussion                                                                    
on  the  motorcycle  rental businesses.  She  observed  that                                                                    
making  an  exception for  a  seasonal  rental business  had                                                                    
already  been done  when the  Vehicle Rental  Tax was  first                                                                    
imposed,  as  motorhomes  were  given  a  lower  rate  of  3                                                                    
percent.   In  2008,   the  Department   of  Revenue   (DOR)                                                                    
discovered the existence of  motorcycle rental businesses in                                                                    
Alaska  and  notified the  businesses  that  the 10  percent                                                                    
rental  tax  would  be  collected.  She  related  that  with                                                                    
Alaska's short summers  and the cost of  winter storage, the                                                                    
businesses in question  had found it more  difficult to make                                                                    
a profit when  a 10 percent tax was added  to the total. She                                                                    
concluded that the  bill was designed to  help small Alaskan                                                                    
businesses that had clients  who were independent travelers,                                                                    
which  visited other  small businesses  in Alaska.  The bill                                                                    
had  an  immediate  effective  date  to  coincide  with  the                                                                    
upcoming summer tourist season.                                                                                                 
                                                                                                                                
GENEVIEVE  WOJTUSIK,  STAFF,  SENATOR LESIL  MCGUIRE,  noted                                                                    
that the Senator's  office was hoping to combine  SB 26 with                                                                    
SB  19. She  explained  that Section  1 of  the  new CS  set                                                                    
special  registration fees  for  alternative fuel  vehicles;                                                                    
the  legislation would  impose a  $20 biannual  registration                                                                    
fee for  electric, alternative  fuel, or  compressed natural                                                                    
gas  (CNG)  vehicles,  rather   than  requiring  the  normal                                                                    
registration fees. The  sunset date of the SB  26 portion of                                                                    
the new  CS was in  2015 and was found  in Section 7  of the                                                                    
legislation. She concluded  that the legislation represented                                                                    
a trial  program and  that although the  state did  not have                                                                    
many  electric vehicles,  the sponsor  wanted to  reward the                                                                    
businesses that did have them.                                                                                                  
                                                                                                                                
5:39:14 PM                                                                                                                    
                                                                                                                                
Representative Doogan  inquired if both the  sponsors of the                                                                    
new CS were  happy with the changes to  the legislation. Ms.                                                                    
Peterson responded in the affirmative.                                                                                          
                                                                                                                                
Vice-Chair Fairclough  discussed a fiscal note  from DOR and                                                                    
a  fiscal note  from the  Department of  Administration. She                                                                    
pointed  to  the DOR  fiscal  note  and mentioned  that  the                                                                    
note's  "change  in  revenues" section  showed  an  expected                                                                    
decrease of $8,400 each year from FY 13 through FY 18                                                                           
                                                                                                                                
NANCY  HULL,  OWNER,  ALASKA MOTORCYCLE  ADVENTURES,  PALMER                                                                    
(via teleconference),  supported the  bill and  related that                                                                    
her company  was in its  19th summer of  renting motorcycles                                                                    
in  Alaska.   She  indicated  that  there   were  unintended                                                                    
consequences to the present tax  and that her business had a                                                                    
very limited operating  season of about 90  days. She stated                                                                    
that  her  average  rental  rate   was  $200  per  day,  per                                                                    
motorcycle and that a customer  renting for 10 days resulted                                                                    
in a tax of $200. She  explained that the current tax became                                                                    
very punitive when  a couple or a father and  son rented two                                                                    
motorcycles  and were  taxed  $400 for  10  days of  rental;                                                                    
furthermore, there  was no cap  on the amount that  could be                                                                    
taxed.  She stated  that in  order offset  the high  vehicle                                                                    
rental taxes, her customers were  choosing to rent for fewer                                                                    
days  or travel  to different  locations outside  of Alaska.                                                                    
She shared that  her customers were able to get  to the very                                                                    
remote  locations of  Alaska because  the vehicles  that her                                                                    
business  used were  capable of  getting there.  She offered                                                                    
that because her customers were  not in an RV, they required                                                                    
services such  as hotel rooms,  meals, etc. She  indicated a                                                                    
preference  to eliminate  the  tax  altogether, rather  than                                                                    
reducing it to  3 percent and stated that  the tax collected                                                                    
from the state's four existing  rental businesses would only                                                                    
represent  about  $15,000 per  year  and  was a  very  small                                                                    
amount.["Four  existing  rental   businesses"  was  made  in                                                                    
reference   to  seasonal   rental  businesses   that  rented                                                                    
motorcycles.] She mentioned that  the Harley Davidson rental                                                                    
business in Anchorage  was not expected rent  after 2012 and                                                                    
that  Alaska  would  only have  three  seasonal  motorcycles                                                                    
businesses  2013. She  questioned whether  it was  worth the                                                                    
state's effort  for DOR to  track three or  four businesses,                                                                    
given the  small amount  of taxes  that would  be collected;                                                                    
she reiterated that she would like the tax repealed.                                                                            
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
5:46:17 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:47:03 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Stoltze  communicated  that   the  intent  of  the                                                                    
committee was  to repeal the 3  percent tax that was  in the                                                                    
bill.                                                                                                                           
                                                                                                                                
Representative  Costello offered  a Conceptual  Amendment on                                                                    
behalf  of  the House  Finance  Committee  to repeal  the  3                                                                    
percent rental tax that was mentioned in the bill.                                                                              
                                                                                                                                
Representative Gara clarified  that the Conceptual Amendment                                                                    
was  repealing  the  3  percent   tax  on  motorcycles,  not                                                                    
recreational vehicles.                                                                                                          
                                                                                                                                
Co-Chair Stoltze  stated that the committee's  intent was to                                                                    
repeal the  3 percent  rental tax  on motorcycles,  but that                                                                    
the bill would  be brought back at a later  date in order to                                                                    
make sure the changes were done appropriately.                                                                                  
                                                                                                                                
Ms.  Peterson  commented  that the  original  version  bill,                                                                    
which  excluded the  motor  cycle  rental businesses,  would                                                                    
amend  AS  43.52.099;  she pointed  out  that  this  statute                                                                    
housed the exceptions to the  Alaska Vehicle Rental Tax. Co-                                                                    
Chair  Stoltze responded  that intent  of the  committee was                                                                    
made clear and that the changes would be done right.                                                                            
                                                                                                                                
5:49:29 PM                                                                                                                    
                                                                                                                                
CSSB 19(FIN)  was HEARD  and HELD  in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
5:49:33 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:50:40 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 135 Sponsor Statement.pdf HFIN 4/12/2012 9:00:00 AM
SB 135
SB 135 Sectional Summary.pdf HFIN 4/12/2012 9:00:00 AM
SB 135
SB 135 Letters of Support.pdf HFIN 4/12/2012 9:00:00 AM
SB 135
SB 135 Explanation of Changes.pdf HFIN 4/12/2012 9:00:00 AM
SB 135
SB 137 Sponsor Statement Rev. 1-23-2012.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Sectional Summary 27-LS0094M 1-24-2012.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Legal Memo 2-17-2012.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137- AK Suicide Prev.Plan. 2012-17.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 - Explanation of Changes rev. 3-16-2012.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 19 - Explanation of Changes.pdf HFIN 4/12/2012 9:00:00 AM
SB 19
SB 19 - Relevant Statutes.pdf HFIN 4/12/2012 9:00:00 AM
SB 19
SB 19 - Sponsor Statement.pdf HFIN 4/12/2012 9:00:00 AM
SB 19
SB 19 - Letter Support MotoQuest.pdf HFIN 4/12/2012 9:00:00 AM
SB 19
SB 19 - Letter Support Harley.pdf HFIN 4/12/2012 9:00:00 AM
SB 19
SB 19 - Letter Support AMA.pdf HFIN 4/12/2012 9:00:00 AM
SB 19
SB 137 Supporting Documents-Northern Light 2-6-2012.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Supporting Documents-Bullets-Jason Foundation.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Supporting Documents- NCSL.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Supporting Documents -AkSCA.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Supporting Documents - Facts & Information.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Supporting Documents DHSS Ltr.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Supporting Documents - CDC -Suicide Nationwide.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB 137 Supporting Document - APOA 2-10-2012.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB137 CS WORKDRAFT FIN 27-LS0994-D.pdf HFIN 4/12/2012 9:00:00 AM
SB 137
SB135 CS WORKDRAFT 27-LS0966-I.pdf HFIN 4/12/2012 9:00:00 AM
SB 135