Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/16/2016 06:00 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 131 ELECTRONIC TAX RETURNS & ALCOHOL TAX TELECONFERENCED
Heard & Held
+= SB 133 ELECTRNC TAX RETURNS;TOBACCO & E-CIGS TAX TELECONFERENCED
Heard & Held
Initial Statewide Public Testimony
-- Public Testimony <Limited to 2 Minutes> --
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Contact by Phone: 907-465-4968
or Submit Written Testimony by Email:
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+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Public Testimony --
          SB 131-ELECTRONIC TAX RETURNS & ALCOHOL TAX                                                                       
                                                                                                                                
7:00:59 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   announced  the                                                               
committee would hear public testimony on SB 131.                                                                                
                                                                                                                                
JEFF JESSE, Chief Executive Officer,  Alaska Mental Health Trust,                                                               
Juneau,  Alaska, testified  in  support of  SB  131. He  directed                                                               
attention  to  a  spreadsheet from  the  Division  of  Behavioral                                                               
Health  that shows  that the  state  spent over  $41 million  for                                                               
alcohol  treatment and  prevention.  Additionally, other  general                                                               
fund costs due to alcohol are substantial.                                                                                      
                                                                                                                                
A survey by  the McDowell Group found that the  2010 general fund                                                               
spending  for  alcohol-related   healthcare  costs  totaled  $170                                                               
million; $9.5  million for public  assistance; $50.5  million for                                                               
traffic accidents;  $156.7 million  for the criminal  justice and                                                               
Office of Children's  Services systems of care.  Together that is                                                               
a $387  million cost to  the general  fund from alcohol.  That is                                                               
larger than  every department and  every budget  component except                                                               
the foundation formula  and the Medicaid program.  He pointed out                                                               
that this  cost will be  paid through user fees,  as contemplated                                                               
by SB 131, or it will be  passed on to all Alaskans through other                                                               
taxes and decreased dividend payments.                                                                                          
                                                                                                                                
To further  emphasize the  magnitude of  the problem,  he pointed                                                               
out that the loss of productivity  due to alcohol is $500 million                                                               
per  year. He  emphasized  that the  alcohol tax  is  one of  the                                                               
fairest ever devised.                                                                                                           
                                                                                                                                
7:05:13 PM                                                                                                                    
BANDON HOWARD,  Amalga Distillery,  Juneau, Alaska,  testified in                                                               
opposition  to SB  131. He  is starting  a new  distillery in  an                                                               
industry that  is growing  quickly. In 2003  there were  about 40                                                               
licensed producers  in the U.S. and  now there are close  to 600.                                                               
He  suggested that  growth is  a better  way to  generate revenue                                                               
than  increasing  taxes.  The  industry   has  both  capital  and                                                               
administrative barriers and  the proposed tax will  add to those.                                                               
If  SB  131 were  to  pass  and become  law,  he  will pay  about                                                               
$8/bottle in  state excise tax. He'll  pass that on, but  it will                                                               
make his  business less  able to  compete with  producers outside                                                               
the state.                                                                                                                      
                                                                                                                                
7:07:35 PM                                                                                                                    
ROBERT MCCORMICK, Director, Glacier  Brew House, Chugiak, Alaska,                                                               
testified in opposition  SB 131. He said he  appreciates the need                                                               
to find  new sources of  revenue for  the state, but  he believes                                                               
that any  tax should  be broad  based and  not come  from sources                                                               
where Alaskans  already pay more  than average. Alaska  has among                                                               
the highest liquor taxes in  the nation and doubling them doesn't                                                               
make sense. While the tax is  levied at the wholesale level, it's                                                               
exponential from  there with  everyone adding  their markup.  A 3                                                               
ounce martini  will likely cost  the customer $2.25 more,  not 45                                                               
cents more, he said.                                                                                                            
                                                                                                                                
He  pointed out  that  the brewing  industry is  one  of the  few                                                               
industries  in Alaska  that  is growing  and  it's grown  without                                                               
incentives  from the  state. Doubling  the excise  tax will  only                                                               
hurt the industry and drive sales online, he said                                                                               
                                                                                                                                
7:11:11 PM                                                                                                                    
MARCY  LARSON,  co-founder,   Alaskan  Brewing  Company,  Juneau,                                                               
Alaska, stated  that SB 131  has unintended consequences  for the                                                               
entire hospitality  industry, not just the  producers. She agreed                                                               
with Mr.  McCormick that the  tax is exponential because  it goes                                                               
up every  step along the way.  That includes the city  sales tax,                                                               
which will  be raised five  percent. She opined that  the extreme                                                               
nature  of  the  proposed  tax  will affect  the  health  of  the                                                               
hospitality industry and "make it no longer hospitable."                                                                        
                                                                                                                                
MS. LARSON  pointed out that  the existing excise tax  on alcohol                                                               
makes it  possible for someone in  Oregon to buy Alaskan  beer at                                                               
the same price  as in Alaska. If  the tax is doubled,  it will be                                                               
cheaper to purchase  Alaskan beer in Oregon than  here where it's                                                               
made. She proposed not raising the  tax to such extreme levels so                                                               
the hospitality industry can stay strong.                                                                                       
                                                                                                                                
7:14:08 PM                                                                                                                    
SASSAN  MOSSANEN,  founding   partner,  Denali  Brewing  Company,                                                               
Talkeetna, Alaska, testified  in opposition to SB  131. He shared                                                               
the history  of the company and  its robust growth over  the last                                                               
seven  years.  All  their  available  capital  is  reinvested  in                                                               
Alaska.  With  27  year-round  employees  they  are  the  largest                                                               
employer in Talkeetna and the largest consumer of energy.                                                                       
                                                                                                                                
He expressed concern that an  unintended consequence will be that                                                               
people  will  figure out  a  way  to  circumvent the  system.  He                                                               
maintained  that to  create and  maintain  mental health,  people                                                               
need  to  be engaged  in  their  community.  "When you  create  a                                                               
prohibitive state where  people hide, it makes it  harder to keep                                                               
track  of who  is consuming  what."  He pointed  out that  during                                                               
Prohibition, people drank more and community costs went up.                                                                     
                                                                                                                                
MR.  MOSSANEN reported  that Denali  Brewing was  approached last                                                               
year by the  state Division of Economic Development  and the U.S.                                                               
counterpart to engage in talks  about increasing Arctic commerce.                                                               
As a  result, they collaborated  with a  brewery in Norway  in an                                                               
effort to  further the economic  benefits of  alcoholic beverages                                                               
produced  in  Alaska. He  encouraged  the  committee to  consider                                                               
creating an  exemption for wineries  and distilleries  that small                                                               
breweries currently enjoy.                                                                                                      
                                                                                                                                
7:18:38 PM                                                                                                                    
GARY  SUPERMAN,  co-owner,  Hunger  Hut  Bar  and  Liquor  Store,                                                               
Nikiski, Alaska,  testified in  opposition to  SB 131.  He shared                                                               
the  history of  his career  and described  himself as  "strictly                                                               
blue collar, working class." He lives  among folks that get by on                                                               
$30,000-$50,000  per  year;  they  build  their  own  homes.  His                                                               
perspective is that  doubling the alcohol taxes is  an assault on                                                               
the  blue color  working class  in Alaska.  He stressed  that the                                                               
proposed  alcohol and  tobacco taxes  coupled with  the permanent                                                               
fund proposals will consume a  significant portion of the working                                                               
class's disposable income.  "If you're looking for  a new revenue                                                               
stream,  I  suggest that  you  look  elsewhere  for the  sake  of                                                               
fairness," he said.                                                                                                             
                                                                                                                                
7:23:00 PM                                                                                                                    
KRISTEN  MYLES, Director,  Cook Inlet  CHARR, Anchorage,  Alaska,                                                               
testified in opposition  to SB 131. She pointed out  how this tax                                                               
will hurt  those who serve alcohol.  Speaking hypothetically, she                                                               
said if  Senator Stevens' martini  costs $8.50 he  probably gives                                                               
the  server $10.  With the  proposed  tax the  martini will  cost                                                               
closer to $9.50. While the Senator  is aware of the tax situation                                                               
and may  adjust his  spending so the  server isn't  punished, the                                                               
average patron  likely won't give a  thought to the dollar  or so                                                               
the server  is losing  on each drink  sale. "Now  we're punishing                                                               
business owners, responsible consumers and employees," she said.                                                                
                                                                                                                                
7:24:47 PM                                                                                                                    
RICK  ARMSTRONG,  owner,  Baranof  Island  Brewing  Company,  and                                                               
President, Brewers  Guild of Alaska, Sitka,  Alaska, testified in                                                               
opposition  to SB  131. He  opined that  the industry  is already                                                               
doing its fair share when it  collects over $40 million each year                                                               
for  the state.  The proposed  tax places  a burden  on the  only                                                               
small   industry  in   Alaska  that   is  growing   and  punishes                                                               
responsible  adults who  are  trying to  make  an honest  living.                                                               
Higher  prices won't  lower consumption,  but force  consumers to                                                               
buy  lower priced  products elsewhere.  He  agreed with  previous                                                               
testimony that  the dime  a drink argument  is inaccurate.  If SB
131 passes and becomes law,  Alaska will have the highest alcohol                                                               
taxes in the  nation. "I strive to  be number 1, but  not in this                                                               
instance  and  I'm quite  happy  knowing  that we're  already  at                                                               
number 2," he said.                                                                                                             
                                                                                                                                
7:26:58 PM                                                                                                                    
BILL  BUBBEL,  The  Pump  House  Restaurant,  Fairbanks,  Alaska,                                                               
testified in  opposition to  SB 131. He  maintained that  even if                                                               
oil were  to return to $100  per barrel, the tax  wouldn't return                                                               
to the  existing level because taxes  never go down. He  said the                                                               
distributor pays  the tax initially  and it trickles down  to the                                                               
end user  which ultimately  inhibits sales.  Municipalities often                                                               
compound the  problem by following  the state policy  and raising                                                               
local taxes.  He asked the  committee to consider  something more                                                               
manageable and perhaps take another  look at casino gambling or a                                                               
Powerball lottery.                                                                                                              
                                                                                                                                
7:28:41 PM                                                                                                                    
TIFFANY  HALL,  Executive  Director, Recover  Alaska,  Anchorage,                                                               
Alaska,  testified  in  support  of   SB  131.  She  stated  that                                                               
increasing  the  alcohol tax  will  generate  needed revenue  and                                                               
support long-standing  public health  and safety  objectives. She                                                               
maintained that  the increased  tax will  save money  because the                                                               
cost of alcohol  abuse to Alaskans totaled $1.2  billion in 2010.                                                               
She  noted she  would submit  her sources  via email.  Beyond the                                                               
financial  benefits, raising  the  alcohol tax  will save  lives,                                                               
improve the health of babies and reduce underage drinking.                                                                      
                                                                                                                                
She reported  that the increases in  the alcohol tax in  1983 and                                                               
2002 were followed by 29 percent  and 11 percent decreases in the                                                               
number  of  alcohol related  deaths  in  the state.  Furthermore,                                                               
increased alcohol taxes  has been found to  reduce binge drinking                                                               
during  pregnancy,  decrease  the   incidence  of  fetal  alcohol                                                               
syndrome,  and significantly  reduce  youth alcohol  consumption.                                                               
She  stressed the  importance of  this,  highlighting that  youth                                                               
that  drink before  age  15  are 5  times  more  likely to  abuse                                                               
alcohol as adults.                                                                                                              
                                                                                                                                
She noted  that the  U.S. surgeon  general and  a host  of others                                                               
recommend increasing  the excise tax on  alcohol because research                                                               
indicates  that  it is  directly  related  to decreased  alcohol-                                                               
related deaths, traffic crashes, violent crime, and child abuse.                                                                
                                                                                                                                
7:31:51 PM                                                                                                                    
MARK  STAPLES,   President,  Midnight  Sun   Brewing,  Anchorage,                                                               
Alaska, testified  in opposition to  SB 131. He said  his brewery                                                               
employs  over 50  people  and  sells product  in  four states  in                                                               
addition  to  Alaska. It's  been  exciting  to  be part  of  this                                                               
growing  industry,  he  said,  but growth  could  cease  and  the                                                               
industry  could  be  in  peril  if  this  tax  goes  forward.  He                                                               
referenced  the  list  of proposed  new  revenue  components  and                                                               
highlighted that with this legislation  the alcohol industry will                                                               
be the  third highest  taxed industry in  the state,  which seems                                                               
unfair.                                                                                                                         
                                                                                                                                
7:34:21 PM                                                                                                                    
TOM   CHARD,  Executive   Director,   Alaska  Behavioral   Health                                                               
Association, Juneau, Alaska,  testified in support of  SB 131. He                                                               
isn't  opposed  to responsible  consumption,  but  as Mr.  Jessee                                                               
pointed out, the  tax increase ultimately ends  with the consumer                                                               
and  their  relative consumption.  His  hope  is that  this  will                                                               
mitigate  the impact  on  business. He  maintained  that the  tax                                                               
increases  revenue   to  help   address  the   budget  shortfall,                                                               
decreases the costs associated with  problem drinking, and raises                                                               
much  needed  revenue  for   prevention  and  treatment  efforts.                                                               
Studies  show   the  link  between  increased   alcohol  tax  and                                                               
decreased  consumption, particularly  among youth.  He cited  the                                                               
McDowell  report that  found that  the impact  of alcohol  on the                                                               
system  totaled $1.2  billion. He  noted that  last year  a group                                                               
gathered in  Anchorage to talk  about drug and  alcohol treatment                                                               
options. Last night  about 400 people gathered to  talk about how                                                               
the  14  detox  beds  in  Anchorage can  serve  a  population  of                                                               
300,000.                                                                                                                        
                                                                                                                                
7:36:56 PM                                                                                                                    
PAM WATTS, Member, Alaska  Behavioral Health Association, Juneau,                                                               
Alaska,  testified in  support of  SB 131.  Having worked  in the                                                               
behavioral health field for over 30  years, she can attest to the                                                               
damage  that  alcohol has  caused  to  individuals, families  and                                                               
communities and  the cost to the  state. Over time and  with flat                                                               
funding  access   to  treatment  and  detox   has  been  reduced.                                                               
Treatment  costs money  but without  treatment  and resources  to                                                               
help people  become healthy  and productive,  even more  money is                                                               
spent  on  public safety,  court  costs,  prisons, and  spiraling                                                               
healthcare costs. Alaska  has the distinction of  being the first                                                               
in  the  nation  in  alcoholism,  alcohol-related  deaths,  fetal                                                               
alcohol   spectrum   disorder,   and   alcohol-related   domestic                                                               
violence, rape  and suicide. Changing  those numbers  takes money                                                               
and the increased excise tax on alcohol will help, she said.                                                                    
                                                                                                                                
7:38:33 PM                                                                                                                    
MICHAEL   CERVANTES,   owner/operator,    The   Banks   Alehouse,                                                               
Fairbanks, Alaska,  testified in opposition  to SB 131.  He works                                                               
with 15 different breweries in  Alaska and employs 55 people. The                                                               
proposed tax will have a ripple  effect. He'll pass the tax along                                                               
to the consumers  and they will go elsewhere. That  may force him                                                               
to  look  for other  breweries  outside  the state  with  cheaper                                                               
products.                                                                                                                       
                                                                                                                                
7:40:35 PM                                                                                                                    
CARMEN LUNDE,  Director, Kodiak CHARR, Kodiak,  Alaska, testified                                                               
in  opposition to  SB  131.  She related  that  when the  alcohol                                                               
industry was taxed  some years ago she didn't  believe she'd live                                                               
long enough  to see another  proposed hike. That made  Alaska the                                                               
highest in  the nation for alcohol  taxes with a couple  of small                                                               
exceptions.  She  said  the  alcohol tax  brings  the  state  $40                                                               
million  per year  and she  doesn't believe  the state  should be                                                               
looking at the hospitality industry  for more money. The industry                                                               
already pays far more than  the national average and the proposal                                                               
to  double   the  tax  is   outrageous.  She   suggested  cutting                                                               
government spending,  revisiting the tax  cuts for oil,  having a                                                               
state lottery, but not touching the permanent fund.                                                                             
                                                                                                                                
7:43:05 PM                                                                                                                    
ROBIN MINARD, Director, Public  Affairs, Matsu Health Foundation,                                                               
Wasilla, Alaska, testified in support  of SB 131, pointing to the                                                               
many benefits it offers. She  highlighted that a substantial body                                                               
of evidence demonstrates  that an increase in the  tax on alcohol                                                               
results  in  reduced  alcohol  consumption  and  improvements  in                                                               
various health outcomes, particularly  for youth. She pointed out                                                               
that alcohol consumption contributes  to the three leading causes                                                               
of death  for adolescents,  and that  it is a  risk factor  for a                                                               
host of negative  behaviors and experiences. She  cited 2009 data                                                               
showing  that Alaska's  youth consumed  17.9  percent of  alcohol                                                               
sold in the  state that year, and noted that  the surgeon general                                                               
and  the Institute  of Medicine  have specifically  advocated for                                                               
increases  of excise  taxes  for  alcohol as  a  means to  reduce                                                               
underage drinking.  She also discussed the  documented benefit to                                                               
adults of increased excise taxes on alcohol.                                                                                    
                                                                                                                                
MS. MINARD  summarized that the  proposed tax increase  will help                                                               
keep underage drinking indicators  moving in the right direction,                                                               
reduce  deaths  caused by  alcohol  and  save babies,  all  while                                                               
helping  reduce   costs  in   corrections,  youth   justice,  and                                                               
healthcare.                                                                                                                     
                                                                                                                                
7:45:10 PM                                                                                                                    
PHILLIP  LICHT, Chair-elect,  Advisory  Board  on Alcoholism  and                                                               
Drug Abuse  (ABADA), Palmer, Alaska,  testified in support  of SB
131  on behalf  of  the  ABADA Board,  the  Alaska Mental  Health                                                               
Board,  and Thrive  MatSu.  He noted  that  he submitted  written                                                               
comments. He asked the committee to  consider SB 131 as part of a                                                               
comprehensive effort to address the  budget deficit and not a tax                                                               
bill targeting a  single industry. "It's really part  of a larger                                                               
effort to  reduce spending, increase  revenue, and  contain costs                                                               
through reform," he said. SB  131 provides revenue that is needed                                                               
to maintain  access to substance  abuse treatment  and prevention                                                               
efforts along with health and safety services.                                                                                  
                                                                                                                                
7:47:15 PM                                                                                                                    
JIM PSENAK,  Alpine Inn, Sutton, Alaska,  testified in opposition                                                               
to SB  131. He directed  attention to Section  3 of the  bill and                                                               
questioned the  reason that retailers  are mentioned  because the                                                               
tax will be  levied before it reaches the retail  level. Next, he                                                               
asked if  the committee understands  that he will incur  a $40.58                                                               
increase  on each  case of  distilled beverage  he purchases.  He                                                               
estimated that  the up-front cost  of the additional tax  will be                                                               
$1,000 to $1,200 per week. He  questioned how the State of Alaska                                                               
can give  away between $700  million and $2.4 billion  every year                                                               
in the permanent  fund dividend and then  expect private industry                                                               
to  support the  government. He  warned  that at  some point  the                                                               
federal government will reevaluate what it sends to Alaska.                                                                     
                                                                                                                                
7:50:20 PM                                                                                                                    
Finding  no  further  comments,   Chair  Costello  closed  public                                                               
testimony on SB 131 and held the bill in committee.                                                                             

Document Name Date/Time Subjects
SB 133 - DOR Hearing Request Letter.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Fiscal Note DHSS.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Fiscal Note DOR.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Nielsen Tobacco Wells Fargo Equity Data.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Opposition E-mails.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Opposition Letter - Logic Technology.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Support E-mails.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Transmittal Letter-Statement.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 131.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 131 - Tax Foundation U.S. States Wine Excise Tax Rates - 2013.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 131 - Tax Foundation U.S. States Spirits Excise Tax Rates - 2013.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 131 - Tax Foundation U.S. States Beer Excise Tax Rates - 2013.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 131 - Governor's Transmittal Letter-Statement.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 131 - Hearing Request Letter.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 131 - Fiscal Note DOR.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 133 - Supporting Document - Abstract-Feasibility of Electronic Nicotine Delivery Systems in Surgical Patients.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Supporting Document - Safety Evaluation of E-Cigs.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Supporting Document - E-Cigarettes an Evidence Update.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Supporting Document - Clear Stream Air Project.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Supporting Document - Dr Burstyn Public Health Tech Report 2013.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 133 - Supporting Document - Mayo Clinic Proceedings.pdf SL&C 2/16/2016 6:00:00 PM
SB 133
SB 131 - Odom Corp. AK Tax Charts - BEER.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 131 - Odom Corp. AK Tax Charts - LIQUOR.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 131 - Odom Corp. AK Tax Charts - WINE.pdf SL&C 2/16/2016 6:00:00 PM
SB 131
SB 133 - Opposition Letter - Clear the Air Alaska.pdf SL&C 2/16/2016 6:00:00 PM
SB 133