Legislature(2013 - 2014)HOUSE FINANCE 519

04/12/2013 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- MEETING CANCELED --
+= SB 21 OIL AND GAS PRODUCTION TAX TELECONFERENCED
<Bill Hearing Canceled>
+= SB 18 BUDGET: CAPITAL TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 7 am                                                                                                          
                                                                                                                                
     "An Act relating to the computation of the tax on the                                                                      
     taxable income of a corporation derived from sources                                                                       
     within the state."                                                                                                         
                                                                                                                                
2:04:47 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze discussed the meeting schedule.                                                                                
                                                                                                                                
Representative   Costello  MOVED   to  ADOPT   the  proposed                                                                    
committee substitute  for SB 7  am, Work  Draft 28-LS0104\C,                                                                    
(Bullock, 4/9/13).                                                                                                              
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
DANIEL   GEORGE,   STAFF,   REPRESENTATIVE   BILL   STOLTZE,                                                                    
addressed the  changes in the  CS. He communicated  that the                                                                    
bill was the  companion to HB 68. He explained  that the tax                                                                    
bracket for  the first  $25,000 had been  zeroed out  in the                                                                    
Senate,   which  had   inadvertently   caused  tax   bracket                                                                    
calculations to add up incorrectly;  no relief was reflected                                                                    
for corporations  earning over  $25,000. The CS  added items                                                                    
related  to  the film  tax  incentive  program beginning  in                                                                    
Section 2.  The first item was  included on page 2,  line 29                                                                    
through  page  3,  line 6  and  prohibited  certain  content                                                                    
including   news,   weather,  current   event   programming,                                                                    
industrial  and   corporate  purposes,   advertisements  and                                                                    
infomercials,   political   advertisements,   and   sexually                                                                    
explicit content.  He stated that the  items were originally                                                                    
prohibited  under the  current film  tax program  that would                                                                    
expire on June 30, 2013.  He noted that the prohibitions had                                                                    
not  been   carried  forward  when  the   program  had  been                                                                    
continued the prior year.                                                                                                       
                                                                                                                                
Co-Chair   Stoltze   remarked    that   not   carrying   the                                                                    
prohibitions  forward  had  been  an  omission  rather  than                                                                    
commission.                                                                                                                     
                                                                                                                                
Mr.  George addressed  the  second change  to  the film  tax                                                                    
incentive  program (page  3). He  pointed  to a  Legislative                                                                    
Legal Services  document (copy on  file) that  explained the                                                                    
transition  language. He  relayed that  the provision  would                                                                    
allow individual  productions that  qualified under  the old                                                                    
program  to   finish  their  productions  and   to  continue                                                                    
receiving  the  film  tax  credits  instead  of  needing  to                                                                    
reapply in the new program.                                                                                                     
                                                                                                                                
Co-Chair  Stoltze asked  the department  to  comment on  the                                                                    
language.                                                                                                                       
                                                                                                                                
2:09:46 PM                                                                                                                    
                                                                                                                                
ROBERTA  GRAHAM,   ASSISTANT  COMMISSIONER,   DEPARTMENT  OF                                                                    
COMMERCE,  COMMUNITY   AND  ECONOMIC   DEVELOPMENT  (DCCED),                                                                    
shared  that  DCCED  believed   the  language  provided  the                                                                    
necessary transition  to allow  the film office  to complete                                                                    
projects  that had  received a  notice of  qualification and                                                                    
were  currently underway.  She  expounded  that without  the                                                                    
language there would be more  than 55 productions that would                                                                    
have  to go  through  a reapplication  process; the  process                                                                    
would require considerable time  and effort. She stated that                                                                    
the department supported the amendment.                                                                                         
                                                                                                                                
Co-Chair  Stoltze referenced  some negative  public reaction                                                                    
to legislative  efforts and  remarked on  working to  do the                                                                    
right thing  despite the comments. He  believed the reaction                                                                    
would be forgotten once the bill had passed.                                                                                    
                                                                                                                                
Representative Costello  asked for  comment about  the first                                                                    
addition included  in Section 2.  Ms. Graham  responded that                                                                    
Section 2 would  exclude five types of  productions that had                                                                    
been in  the original  bill prior  to a  change made  in the                                                                    
previous year. She  stated that the items  were important to                                                                    
exclude; DCCED  supported the exclusion of  news and weather                                                                    
programming and sexually explicit films.                                                                                        
                                                                                                                                
2:12:33 PM                                                                                                                    
                                                                                                                                
Co-Chair Austerman  asked how the department  felt about the                                                                    
benefit of  having the  film industry  in Alaska  versus the                                                                    
amount of tax the state credited back to the industry.                                                                          
                                                                                                                                
Ms.  Graham  answered that  the  film  industry was  in  its                                                                    
infancy in  Alaska. She referenced a  2012 legislative audit                                                                    
that looked at  the financial and the  operational pieces of                                                                    
the film incentive program, which  estimated a return to the                                                                    
state  of  approximately $18  million.  She  added that  the                                                                    
department's  estimate  of  return  to the  state  was  more                                                                    
conservative at  approximately $10 million; it  included the                                                                    
ground spend  in Alaska plus  wages earned by  Alaskans less                                                                    
the  tax credit.  She expounded  that the  program had  been                                                                    
successful  in its  employment of  Alaskans and  in bringing                                                                    
productions to the state.                                                                                                       
                                                                                                                                
Co-Chair Stoltze  appreciated the  department's endorsement.                                                                    
He   WITHDREW  his   OBJECTION.  There   being  NO   further                                                                    
OBJECTION, Work Draft 28-LS0104\C was ADOPTED.                                                                                  
                                                                                                                                
SENATOR  CATHY  GIESSEL,  SPONSOR  stated that  SB  7  would                                                                    
update  the corporate  income  tax  brackets. She  explained                                                                    
that  idea   for  the   legislation  was   a  result   of  a                                                                    
conversation  with  business  owners  who  had  pointed  out                                                                    
onerous  tax  brackets.  She  explained  that  the  top  tax                                                                    
bracket  was reached  at a  taxable income  of $90,000.  She                                                                    
furthered that the tax brackets  had been set in 1981; there                                                                    
had been  significant inflation since  that time,  which had                                                                    
resulted in a tax  increase for businesses. She communicated                                                                    
that  the legislation's  primary  benefit was  to small  and                                                                    
medium sized C corporations. The  top tax bracket would move                                                                    
from  $90,000  of  taxable income  to  $220,000.  The  major                                                                    
companies  that   would  be  impacted   by  the   bill  were                                                                    
construction, transportation, and  retail. She stressed that                                                                    
the  fiscal note  was less  than half  of 1  percent of  the                                                                    
corporate  income  tax   taken  in  by  the   state  from  C                                                                    
corporations.  She   stated  that  the  change   was  not  a                                                                    
significant   impact  to   the  state,   but  that   it  was                                                                    
significant  to  the  companies; it  left  more  hard-earned                                                                    
money in their hands.                                                                                                           
                                                                                                                                
Senator  Giessel communicated  that  the  bill had  received                                                                    
wide  support from  individuals and  many state  chambers of                                                                    
commerce throughout  Alaska including the state  chamber and                                                                    
chambers  in  Fairbanks,  Anchorage,  Seward,  Chugiak-Eagle                                                                    
River,  Juneau,  and Wasilla.  She  referenced  a letter  of                                                                    
support  from the  Nana Corporation  pointing  out that  its                                                                    
shareholder businesses  would benefit  from the  change. She                                                                    
stated  the change  was a  principle  of reduced  government                                                                    
take. She expressed  delight about an amendment  made in the                                                                    
Senate that would zero out  the first tax bracket. She added                                                                    
that the amendment had resulted  in the readjustment of some                                                                    
of the numbers included in the bill.                                                                                            
                                                                                                                                
2:17:24 PM                                                                                                                    
                                                                                                                                
Senator Giessel  referred to a legislative  affairs research                                                                    
paper in members'  packets (copy on file). She  pointed to a                                                                    
chart  on page  3  and stated  that the  lower  half of  the                                                                    
brackets showed  the current system. She  discussed that her                                                                    
colleague in the  Senate had stated that the  zeroing out of                                                                    
the  first tax  bracket would  impact 14,000  companies that                                                                    
were  eligible to  pay  corporate income  tax  in 2011.  She                                                                    
corrected  that  only  1,300  companies  would  be  impacted                                                                    
(there  were 14,000  companies that  fell  into the  bracket                                                                    
(some  were S  Corporations and  LLCs), but  due to  various                                                                    
deductions  the companies  would not  all be  affected). She                                                                    
reiterated that the bill would  leave more hard earned money                                                                    
in the hands of small businesses.                                                                                               
                                                                                                                                
2:19:26 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
Representative  Costello discussed  a fiscal  note from  the                                                                    
Department of Revenue (DOR) that  showed no fiscal impact to                                                                    
operating  expenditures and  an  annual $5  million loss  in                                                                    
state revenue from FY 15 through FY 19.                                                                                         
                                                                                                                                
Representative Kawasaki  asked for verification that  the $5                                                                    
million change  in revenue would  result from a  decrease in                                                                    
tax filers. He asked if  fewer DOR employees would be needed                                                                    
to process taxes if there was a reduction in filers.                                                                            
                                                                                                                                
JOHANNA BALES, EXECUTIVE  DIRECTOR, TAX DIVISION, DEPARTMENT                                                                    
OF  REVENUE (via  teleconference), stated  that there  would                                                                    
not  be fewer  filers.  The bill  affected  tax rates  only;                                                                    
filers in  the zero tax  bracket would still be  required to                                                                    
file a return.                                                                                                                  
                                                                                                                                
Representative Gara  asked for  verification that  the state                                                                    
would collect  $5 million less  per year beginning in  FY 15                                                                    
because of the reduction to  the tax rate. Ms. Bales replied                                                                    
in the affirmative. She detailed  that the bill would adjust                                                                    
the tax rate  down; every current tax payer  would receive a                                                                    
reduction  in  their  tax liability.  She  stated  that  the                                                                    
fiscal note of $5 million  was an estimate. There were close                                                                    
to 1,500  tax payers who  would see some reduction;  some of                                                                    
tax payers would fall into the zero tax liability bracket.                                                                      
                                                                                                                                
2:22:04 PM                                                                                                                    
                                                                                                                                
Representative Costello addressed a  zero impact fiscal note                                                                    
from  the Department  of  Commerce,  Community and  Economic                                                                    
Development.                                                                                                                    
                                                                                                                                
Representative Costello  MOVED to  REPORT HCS SB  7(FIN) out                                                                    
of  committee   with  individual  recommendations   and  the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
Representative  Gara OBJECTED  for discussion.  He would  be                                                                    
comfortable  eliminating taxes  for  businesses making  less                                                                    
than $25,000  per year or  lowering the rate  for businesses                                                                    
making less  than $50,000  per year.  He questioned  how the                                                                    
state  would  pay for  things  if  various revenue  reducing                                                                    
bills  and budget  costs were  passed; he  stressed that  $5                                                                    
million was  a significant amount of  money. He communicated                                                                    
that  he  would  probably  cosponsor the  legislation  in  a                                                                    
different year;  however, under the budget  circumstances he                                                                    
could not  support it.  He discussed  whether the  state was                                                                    
taxing  too  much and  stated  that  the high  bracket  only                                                                    
included  a 9  percent tax  on taxable  income over  $2,000;                                                                    
below $2,000 was  bracketed. He wished he  could support the                                                                    
bill,  but pointed  to items  that needed  funding including                                                                    
infrastructure, schools,  slowing down the depletion  of the                                                                    
state's savings (until it was  known whether current oil tax                                                                    
legislation  was  working  -   if  implemented),  funding  a                                                                    
gasline, energy  projects, university buildings,  and other.                                                                    
He  pointed   to  two  $100  million   university  buildings                                                                    
currently in need  of funding and surmised  that there would                                                                    
be  more  $100  million  buildings needing  funding  in  the                                                                    
future.  He  did not  believe  the  state could  afford  the                                                                    
legislation. He opined that there  were other ways to reduce                                                                    
taxes in a  less costly way, such as time  limited taxes for                                                                    
new businesses, and eliminating  "nuisance" taxes at the low                                                                    
end. Representative Gara WITHDREW his OBJECTION.                                                                                
                                                                                                                                
There being NO further OBJECTION,  HCS SB 7 was REPORTED out                                                                    
of committee  with a "do  pass" recommendation and  with one                                                                    
new fiscal note from Department  of Revenue and one new zero                                                                    
note  from Department  of Commerce,  Community and  Economic                                                                    
Development.                                                                                                                    
                                                                                                                                
2:26:28 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:31:28 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair Neuman took over as Chair.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
CS-FIN SB 7, version C (with FilmFix).pdf HFIN 4/12/2013 1:30:00 PM
SB 7
Memo 13-232 lnd (for CS-FIN SB 7, version C).pdf HFIN 4/12/2013 1:30:00 PM
SB 7