Legislature(2003 - 2004)

05/07/2003 09:01 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE BILL NO. 112(TRA)                                                                                            
     "An Act increasing  the motor fuel tax; repealing  the special                                                             
     tax  rates  on blended  fuels;  removing  the motor  fuel  tax                                                             
     exemption of the Alaska Railroad;  relating to tax refunds for                                                             
     government  agency purchases  of  fuel; and  providing for  an                                                             
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This was  the first  hearing for  this bill  in the Senate  Finance                                                             
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken  informed that the  Department of Revenue  would be                                                             
presenting testimony on this legislation on behalf of the Governor.                                                             
He communicated  that this legislation  would increase  the State's                                                             
highway motor fuel tax from eight  cents a gallon to twenty cents a                                                             
gallon and would eliminate the motor fuel tax currently charged for                                                             
gasohol. He explained that the  version before the Committee, CS SB
112 (TRA), Version  23-GS1118\, contains the language  submitted by                                                             
the  Governor as  well as  additional  language  pertaining to  the                                                             
Alaska Railroad.                                                                                                                
                                                                                                                                
LANDA BAILY, Special  Assistant and Legislative Liaison,  Office of                                                             
the Commissioner,  Department of Revenue verified that  Version "U"                                                             
includes language  that would exempt  the Alaska Railroad  from the                                                             
motor fuel tax. She communicated  that Governor Frank Murkowski and                                                             
Commissioner Bill Corbus of the  Department of Revenue support this                                                             
legislation.                                                                                                                    
                                                                                                                                
                                                                                                                                
SFC 03 # 80, Side B 06:08 PM                                                                                                    
                                                                                                                                
                                                                                                                                
Ms. Baily explained that this legislation  would increase the motor                                                             
fuel tax from  the current eight  cents per gallon to  20-cents per                                                             
gallon. She continued  that, even with this increase,  Alaska would                                                             
rank below the national average of 23-cents for excise tax rates on                                                             
highway  motor fuel.  She stated  that twenty-two  states have  tax                                                             
rates  exceeding  this  amount and  that  thirty-five  states  have                                                             
combined  state and local  tax rates  that range  from 21 to  38.70                                                             
cents per gallon. She shared that  the Governor urges the Committee                                                             
"to agree  with  him" that  this tax  increase "would  be a  viable                                                             
method of generating critically  needed, re-occurring revenue." She                                                             
commented  that  the  Department  of Revenue  estimates  that  this                                                             
legislation  would  provide  $41.16  million  in  additional  State                                                             
revenue  per fiscal  year. She  clarified that  rather than  $41.16                                                             
million, it is estimated  that the additional revenue  collected in                                                             
FY 04 would be approximately $37.7  million "because taxes are paid                                                             
one month after sales." She further explained that although the tax                                                             
might be effective  as of July 1,  2003, the tax collected  in July                                                             
would be for the status quo tax rate on June 2003 sales.                                                                        
                                                                                                                                
Ms.  Baily continued  that  the off-highway  motor  fuel tax  would                                                             
increase from  six-cents to 18-cents  per gallon. She  reminded the                                                             
Committee that this is the first  adjustment to this tax rate since                                                             
it was enacted in 1970. She stressed that the Department of Revenue                                                             
could  efficiently  administer the  increased  motor  fuel tax.  On                                                             
behalf of the Governor and the Department of Revenue, she urged the                                                             
Committee to adopt this legislation.                                                                                            
                                                                                                                                
Senator Bunde  stated that  there has been  discussion regarding  a                                                             
phased implementation  of this tax.  Other than a reduction  in the                                                             
estimated level of additional revenue,  he asked what ramifications                                                             
a phased-in tax increase might incur.                                                                                           
                                                                                                                                
Ms. Baily replied  that a phased in program would create  a problem                                                             
in  that  the  Governor   has  requested  the  enactment   of  this                                                             
legislation in order  to assist the State in addressing  its fiscal                                                             
gap.                                                                                                                            
                                                                                                                                
Senator Hoffman asked when the aviation fuel tax was last adjusted.                                                             
                                                                                                                                
Ms. Baily  stated that this  information would  be supplied  to the                                                             
Committee.                                                                                                                      
                                                                                                                                
JOHN  MACKINNON,   Deputy   Commissioner  of   Highways  &   Public                                                             
Facilities,  Department  of Transportation  and  Public  Facilities                                                             
conveyed  that  the  Department   "is  in  full  support"  of  this                                                             
legislation.  He  shared that,  currently,  the  Department  spends                                                             
approximately  $60 million  in general funds  to address  statewide                                                             
highway  and  airport  maintenance  needs. He  specified  that  the                                                             
current  tax   generates  $28   million  annually  toward   highway                                                             
maintenance  and  that  the  12-cents  per  gallon  increase  would                                                             
generate an additional  $41 million annually. He noted  that, while                                                             
the total exceeds the current maintenance  expenditures, the amount                                                             
in excess  of current expenditures  would be  used to address  "the                                                             
long list of deferred maintenance  projects" that currently amounts                                                             
to $50 million.                                                                                                                 
                                                                                                                                
Senator Bunde asked the amount  of funds that would be specifically                                                             
designated for  highway maintenance  needs as opposed to  the total                                                             
projected   amount  that   includes   both  highway   and   airport                                                             
maintenance.                                                                                                                    
                                                                                                                                
Mr. MacKinnon  specified  that the  amount that  would be spent  on                                                             
airport maintenance would be: four  million dollars in the Northern                                                             
Region;  three   million  dollars   in  the  Central  Region;   and                                                             
approximately one million dollars in the Southeast Region. He noted                                                             
that these amounts do not include international airport funding.                                                                
                                                                                                                                
Co-Chair Wilken  noted that the  Alaska Railroad taxation  issue is                                                             
addressed in Sec.  4, subsection (a) on page 4, lines  19-21 and in                                                             
Sec 7, subsection  (G) on page 5, lines 25 and 26.  He referred the                                                             
Committee  to  accompanying  information  provided  by  the  Alaska                                                             
Railroad Corporation titled "Reasons  Against Taxing Alaska's State                                                             
Railroad," [copy on file] as well as a Memorandum dated May 6, 2003                                                             
from Kathryn  Kurtz, Legislative  Counsel  to Senator John  Cowdery                                                             
[copy on file].                                                                                                                 
                                                                                                                                
JOHN BINKLEY, Chairman  of the Board, Alaska Railroad  Corporation,                                                             
Department  of Community  and Economic  Development, testified  via                                                             
teleconference from  an offnet site in Fairbanks, to  voice concern                                                             
regarding  a  provision  in  the  Senate  Transportation  Committee                                                             
committee substitute  that would include "the Alaska  Railroad into                                                             
the same category as the highway  motor fuel users" by implementing                                                             
the twenty cent per gallon fuel tax "on all of the rolling stock of                                                             
the Alaska Railroad."  He voiced concern about the  resulting legal                                                             
and policy issues that might result.                                                                                            
                                                                                                                                
Mr. Binkley stated that language  in this bill could invoke a legal                                                             
challenge  by violating  the  federal Railroad  Revitalization  and                                                             
Regulatory  Reform  Act,  referred  to  as the  4-R  Act  that  was                                                             
established in 1976.  He explained that this Act prohibits  a state                                                             
from  imposing  a tax  relating  to competitive  fuel  taxes  "that                                                             
discriminates  against a railroad."  In addition, he stated  that a                                                             
federal provision  in the  Alaska Railroad  Transfer Act,  that was                                                             
enacted when  the federally owned  railroad was transferred  to the                                                             
State,  mandates   that  the  State  maintain  a  viable   railroad                                                             
transportation  system to  ensure that  it would  be available  for                                                             
military and  other uses. He stated  that this provision  prohibits                                                             
the State  from taking money away  from the railroad as  opposed to                                                             
allowing  the  railroad  to  utilize   its  revenues  for  railroad                                                             
operations.                                                                                                                     
                                                                                                                                
Mr. Binkley  furthered that  "on the policy  standpoint, the  State                                                             
should not tax itself," as he attested the railroad is owned by the                                                             
people of  the State. He voiced  that "the lifeblood of  the Alaska                                                             
Railroad" is  to utilize railroad  capital to expand its  lines. He                                                             
stated  that  the source  of  the  railroad's  capital is  its  net                                                             
earnings, and  he advised, "if you  don't invest capital  back into                                                             
the asset, you don't exist."                                                                                                    
                                                                                                                                
Mr. Binkley referred to separate  legislation being considered that                                                             
would  provide for  expansion of  the railroad.  He attested  that,                                                             
while the Alaska Railroad supports  expansion of its service areas,                                                             
it would be "extremely  costly." He asserted that,  were the Alaska                                                             
Railroad's net earnings to lower, the railroad would not be able to                                                             
expand. He noted that the Fairbanks  North Star Borough Assembly is                                                             
on  record in  opposition  to the  taxation  language  in the  bill                                                             
regarding the Alaska Railroad.                                                                                                  
                                                                                                                                
Senator Bunde voiced understanding  of the Railroad's concern about                                                             
taxation  on its rolling  stock. He asked  for further  information                                                             
regarding the Alaska  Railroad's motor fleet, specifically  whether                                                             
the motor  fleet fuel  is purchased  from a  private entity  and is                                                             
subject to the highway motor fuel tax.                                                                                          
                                                                                                                                
Mr. Binkley  replied that  the Alaska Railroad  does pay the  motor                                                             
fuel  tax  for its  vehicles  using  the  State's  highway  system.                                                             
Furthermore, he noted that while  the Alaska Railroad could request                                                             
a refund of  that current highway  motor fuel tax that it  pays, it                                                             
has declined to do so.                                                                                                          
                                                                                                                                
Co-Chair Wilken  voiced the  intent to hold  this bill in  order to                                                             
entertain a  committee substitute  that would exclude the  Railroad                                                             
from taxation. However, he voiced  support for the establishment of                                                             
a dividend  program whereby  the Alaska  Railroad would  contribute                                                             
funding to the State to support  its expansion plans. He voiced the                                                             
belief that this  could be implemented without damaging  the Alaska                                                             
Railroad. He suggested that implementation of a ten-dollar user fee                                                             
could fund  the contribution, which  he calculated could  amount to                                                             
approximately  four  million  dollars based  on  current  ridership                                                             
numbers. He encouraged the Alaska Railroad to address instituting a                                                             
dividend program, as he asserted,  "it is the right thing to do and                                                             
it could be done without damaging our Railroad."                                                                                
                                                                                                                                
Mr. Binkley voiced  that this is a legitimate public  policy issue,                                                             
and he asked  that the legislature  provide the Railroad  "with the                                                             
forum" to address the Dividend issue.                                                                                           
                                                                                                                                
Co-Chair Green asked whether the original bill, SB 112, Version 23-                                                             
GS1118\A, would adequately  address some of the concerns  raised by                                                             
the Version 23-GS1118\U committee substitute.                                                                                   
                                                                                                                                
KEVIN    JARDELL,    Assistant    Commissioner,    Department    of                                                             
Administration, communicated  that, in addition to  eliminating the                                                             
motor fuel tax exemption  for the Alaska Railroad,  the Version "U"                                                             
committee  substitute  would authorize  the "recoupement  of  fees"                                                             
through the use of a State credit card system.                                                                                  
                                                                                                                                
Senator Taylor asked whether use  of the State credit card would be                                                             
limited to the Department of Transportation  and Public Facilities.                                                             
                                                                                                                                
Mr.   Jardell   clarified   that  primarily   the   Department   of                                                             
Transportation and Public Facilities employees would use the credit                                                             
card for fuel  purchases. He explained  that the credit  card would                                                             
enable a State employee to purchase  fuel, including the motor fuel                                                             
tax, from  a retailer. He  continued that  the credit card  company                                                             
would compute the amount paid toward  fuel tax fees and request the                                                             
State to reimburse them that amount.                                                                                            
                                                                                                                                
Mr. Jardell qualified that currently a fuel retailer is required to                                                             
pay the motor fuel  tax to the wholesaler at the time  of purchase,                                                             
and in turn, the  wholesaler pays the State. He continued  that one                                                             
of  two things  currently  occurs  at  the time  a  State  employee                                                             
purchases fuel from the retailer:  one, they can pay the motor fuel                                                             
tax; or, two, if a contract is  in effect with the retailer, no tax                                                             
is collected. In that latter case,  he explained, the retailer must                                                             
submit a statement to the Department of Revenue asking that the tax                                                             
paid to the wholesaler be returned.  He stated that current statute                                                             
designates  that a  retailer could  only  recoup the  paid tax.  He                                                             
stated  that the  amendment adopted  in the  Senate  Transportation                                                             
committee  substitute,  Version "U"  would  allow the  credit  card                                                             
company to be able  to recoup the sales tax paid for  the fuel, but                                                             
for which the State would not pay them.                                                                                         
                                                                                                                                
Senator Taylor stated therefore  that the amendment would allow the                                                             
State to reimburse either a retailer or the credit card company for                                                             
the motor fuel tax paid.                                                                                                        
                                                                                                                                
Mr. Jardell concurred. He stated that the credit card could be used                                                             
at any retailer.                                                                                                                
                                                                                                                                
Co-chair Wilken ordered the bill to be HELD in Committee.                                                                       
                                                                                                                                

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