Legislature(2003 - 2004)

04/03/2003 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
              SB 137-EMPLOYMENT TAX FOR EDUCATION                                                                           
                                                                                                                                
CHAIR  GARY STEVENS  asked for  a motion  to adopt  the committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
SENATOR JOHN COWDERY  made a motion to adopt the  CS \S Kurtz for                                                               
SB 137 for discussion purposes.  There being no objection, it was                                                               
so ordered.                                                                                                                     
                                                                                                                                
CHAIR GARY STEVENS explained the bill  would impose a $100 a year                                                               
tax on each employed individual age  19 or older. The money would                                                               
be  deducted  in  $50  increments from  an  employees  first  two                                                               
paychecks after  July 1 of each  year and after the  first $1,000                                                               
in wages  was earned.  The Department  of Revenue  estimates this                                                               
bill  would  generate   $39  million  this  year   and  in  every                                                               
subsequent  year.  They  project  the  need  for  ten  full  time                                                               
permanent workers and ten temporary  clerks during the tax season                                                               
for operation.  The estimated operating  cost is $1.2  million in                                                               
year one and $820 thousand in subsequent years.                                                                                 
                                                                                                                                
It is intended  to supplement educational funding  and reduce the                                                               
draw from  the Constitutional Budget  Reserve. It would  apply to                                                               
workers  from out  of state  and would  be part  of a  long-range                                                               
fiscal plan.                                                                                                                    
                                                                                                                                
SENATOR COWDERY  asked if someone  that started work  in December                                                               
and earned $800 would be subject to the tax.                                                                                    
                                                                                                                                
CHAIR  GARY STEVENS  explained the  accounting would  run through                                                               
the fiscal  year, from July 1  through June 30 and  if the worker                                                               
did not  meet the $1,000  threshold, they wouldn't be  subject to                                                               
the tax.                                                                                                                        
                                                                                                                                
SENATOR COWDERY asked who would collect the tax.                                                                                
                                                                                                                                
CHAIR GARY  STEVENS informed him  the employer would  collect the                                                               
tax and remit it to the  Department of Revenue. He then asked Mr.                                                               
Persily to come forward to speak to the issue.                                                                                  
                                                                                                                                
LARRY PERSILY, Deputy Commissioner  of the Department of Revenue,                                                               
explained it would  be set up in  much the same way  as an income                                                               
tax even  though this was not  an income tax. The  employer would                                                               
withhold the money and send  in monthly reports to the Department                                                               
of Revenue. For  someone who works in two different  jobs and had                                                               
the money  withheld both  times, the  department would  process a                                                               
refund for that person.                                                                                                         
                                                                                                                                
CHAIR GARY STEVENS  asked if there would be a  form available for                                                               
the employee to  show subsequent employers that  they had already                                                               
paid the tax.                                                                                                                   
                                                                                                                                
DEPUTY  COMMISSIONER PERSILY  elaborated  saying  either the  pay                                                               
stub would show the money had been  paid or there would be a form                                                               
that  the  employer  would fill  out  for  subsequent  employers.                                                               
People holding down two jobs might  be charged more than once and                                                               
require a refund. The department  would expect to process several                                                               
thousand refunds,  but they would do  everything possible through                                                               
employer education to keep the  number to a minimum because there                                                               
is a cost to a refund.                                                                                                          
                                                                                                                                
CHAIR GARY STEVENS asked if employers  would be able to check on-                                                               
line to determine that an employee had already paid.                                                                            
                                                                                                                                
DEPUTY  COMMISSIONER PERSILY  advised the  department would  make                                                               
the process as automated as possible.  Prior to 1980, the $10 tax                                                               
was added to the state income  tax due which made collection very                                                               
easy. Without an income tax, the  department would have to set up                                                               
a procedure.                                                                                                                    
                                                                                                                                
SENATOR  COWDERY asked  if  the employee  couldn't  carry a  card                                                               
showing they had paid just like those with insured cars.                                                                        
                                                                                                                                
DEPUTY  COMMISSIONER PERSILY  said they  would develop  a similar                                                               
procedure that would  save the state the expense of  a refund and                                                               
employers the  expense of  withholding when  they didn't  need to                                                               
withhold.                                                                                                                       
                                                                                                                                
SENATOR GRETCHEN  GUESS asked if  there was any estimate  for the                                                               
cost to businesses.                                                                                                             
                                                                                                                                
DEPUTY  COMMISSIONER   PERSILY  said  they  did   not  have  that                                                               
information.  Businesses   are  already  withholding   for  state                                                               
unemployment, federal taxes and FICA  so it wouldn't be difficult                                                               
to add another line to their  withholding, but there would be the                                                               
cost of  one more form and  one more government entity  to send a                                                               
payment to.                                                                                                                     
                                                                                                                                
He   pointed  out   the  original   fiscal  note   addressed  the                                                               
traditional  January 1  to December  31 tax  year and  would take                                                               
effect in January 1, 2004. This  would give the department six or                                                               
seven months to develop a tax  program. Because the CS has a July                                                               
1, 2003  effective date, the  department would need to  amend the                                                               
fiscal  note to  reflect increased  FY  03 expenses  to have  the                                                               
program in  place June 30. He  warned this is a  tight time frame                                                               
and everyone needs to understand  that all the pieces wouldn't be                                                               
ready on  June 30.  Increased outsourcing  would be  necessary to                                                               
fit the adjusted  timeframe but the department would  do its best                                                               
to  get  the  program  in  place  in  60  days  if  that  is  the                                                               
legislative intent so the revenue would be available in FY 04.                                                                  
                                                                                                                                
CHAIR GARY  STEVENS asked Mr.  Persily to confirm he  would amend                                                               
the  fiscal  note  before  the  bill was  heard  in  the  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
DEPUTY COMMISSIONER  PERSILY agreed to submit  the revised fiscal                                                               
note to the Chair by the following day.                                                                                         
                                                                                                                                
SENATOR  GUESS asked  if sole  proprietors and  partnerships were                                                               
included.                                                                                                                       
                                                                                                                                
CHAIR GARY  STEVENS replied  they are  responsible for  paying as                                                               
well.                                                                                                                           
                                                                                                                                
DEPUTY  COMMISSIONER PERSILY  said anyone  receiving compensation                                                               
would  have  to   pay.  If  not  through   wage  withholding  the                                                               
individual would have  to issue the department a  check for $100.                                                               
He  added,   the  self-employed  people  would   be  the  biggest                                                               
enforcement issue.                                                                                                              
                                                                                                                                
CHAIR GARY  STEVENS followed  up and  asked if  the self-employed                                                               
paid the $10 head tax the state collected in the 70s.                                                                           
                                                                                                                                
DEPUTY COMMISSIONER  PERSILY replied they  did pay. At  that time                                                               
there was  a state  income tax so  it was easy  for the  state to                                                               
collect  when   the  return  was  filed.   Anyone  that  receives                                                               
compensation in the state would be subject to the tax.                                                                          
                                                                                                                                
SENATOR GUESS  asked the Chair  whether this would  include trust                                                               
fund income.                                                                                                                    
                                                                                                                                
CHAIR  GARY  STEVENS replied  the  tax  targets compensation  for                                                               
personal services.                                                                                                              
                                                                                                                                
DEPUTY COMMISSIONER PERSILY agreed.                                                                                             
                                                                                                                                
SENATOR GUESS  said she  asked the  question because  Mr. Persily                                                               
said this isn't  an income tax. She added this  seems to be worse                                                               
than an  income tax  since it's  collected only  if you  work and                                                               
surmised that was why he made the comment.                                                                                      
                                                                                                                                
DEPUTY COMMISSIONER  PERSILY replied he made  the comment because                                                               
the Administration doesn't favor an income tax.                                                                                 
                                                                                                                                
SENATOR GUESS asked why the $1,000 figure was selected.                                                                         
                                                                                                                                
CHAIR  GARY STEVENS  said  it was  somewhat  arbitrary, but  they                                                               
didn't want someone  to lose $100 from his or  her first paycheck                                                               
if that's all they earned.                                                                                                      
                                                                                                                                
SENATOR GUESS  advised she  took issue  with the  education smoke                                                               
screen because  this was about  supplanting funds  not additional                                                               
funds. The  bill contains no  language that these  are additional                                                               
funds. This  is a worker tax  and not a tax  for education, which                                                               
is  confusing to  people because  they are  led to  believe there                                                               
would be more money for schools.  However, because of the way the                                                               
constitution is written,  this money can't be  used directly that                                                               
way and it's unfortunate that perception is continued.                                                                          
                                                                                                                                
SENATOR COWDERY  asked for further clarification  of what revenue                                                               
would be taxed.                                                                                                                 
                                                                                                                                
DEPUTY  COMMISSIONER  PERSILY replied  he  was  speaking to  work                                                               
draft   Q  that   defines   compensation   as  wages,   salaries,                                                               
commissions,  tips or  remuneration paid  for personal  services.                                                               
Individuals living  on a  trust fund  or retirement  wouldn't pay                                                               
this tax.                                                                                                                       
                                                                                                                                
SENATOR COWDERY  added Social Security  would be exempt  as would                                                               
mortgage income.                                                                                                                
                                                                                                                                
DEPUTY  COMMISSIONER PERSILY  didn't  believe  those would  apply                                                               
because  they  aren't  compensation   for  payment  for  personal                                                               
services.                                                                                                                       
                                                                                                                                
SENATOR  COWDERY  then asked  how  the  department would  enforce                                                               
payment.  For instance,  what would  happen if  an employee  paid                                                               
twice  and one  of  the  employers withheld  the  money from  the                                                               
state?                                                                                                                          
                                                                                                                                
DEPUTY COMMISSIONER  PERSILY assured him employees  seem to track                                                               
their  paychecks closely  and the  department  would take  action                                                               
against any  employer that collected  the money and  didn't remit                                                               
it to the state.                                                                                                                
                                                                                                                                
SENATOR COWDERY commented he likes  to hire youths for summer odd                                                               
jobs and  he pays them  in cash  and wondered how  those payments                                                               
would be handled.                                                                                                               
                                                                                                                                
DEPUTY COMMISSIONER PERSILY admitted  those types of compensation                                                               
would  probably  slip  through. The  department  wouldn't  target                                                               
youths that  wash cars,  mow lawn and  shovel snow  because there                                                               
are larger issues to go after.                                                                                                  
                                                                                                                                
SENATOR COWDERY said he agreed but wanted that stated.                                                                          
                                                                                                                                
CHAIR GARY STEVENS stated for the  record that the \S version was                                                               
being discussed.                                                                                                                
                                                                                                                                
SENATOR GUESS asked why 19 years  of age was selected rather than                                                               
18.                                                                                                                             
                                                                                                                                
DEPUTY  COMMISSIONER  PERSILY  wasn't   sure  why  that  age  was                                                               
selected  since  18  is  the  age  of  emancipation.  It  was  an                                                               
arbitrary decision.                                                                                                             
                                                                                                                                
JIM  SYKES from  Palmer advised  he had  version \H  and realized                                                               
this  wasn't  the  latest  draft,  but wanted  to  know  how  the                                                               
department would know  that out of state workers hired  by out of                                                               
state  corporations  that operate  in  Alaska  would collect  and                                                               
remit  the tax.  Although  he doesn't  agree  with Senator  Guess                                                               
regarding dedicated funds, he thought  perhaps the bill should be                                                               
given a new  title to call it a worker's  tax. Second he wondered                                                               
whether  this was  contemplated as  part of  another tax  package                                                               
because  education and  the  elderly appear  to  be targeted.  He                                                               
doesn't  see  any  kind  of legislation  to  get  extra  windfall                                                               
profits from  the high  price of  oil. That  would bring  in much                                                               
more  than SB  137 could  in  every year  that the  price of  oil                                                               
exceeded $18 per barrel. He would  like to see a package of taxes                                                               
so everyone, summer guest workers,  residents and businesses that                                                               
operate in Alaska share the tax burden fairly.                                                                                  
                                                                                                                                
CHAIR  GARY STEVENS  asked Mr.  Persily to  respond to  the first                                                               
question.                                                                                                                       
                                                                                                                                
DEPUTY COMMISSIONER  PERSILY explained out of  state corporations                                                               
already pay  a corporate income tax  so the state knows  who they                                                               
are.  Also they  file quarterly  returns with  the Department  of                                                               
Labor  for  unemployment  insurance. The  Department  of  Revenue                                                               
would  run data  checks with  the  Department of  Labor and  with                                                               
corporate  taxes, but  employer compliance  is generally  good on                                                               
this type  of tax because it  is so easy to  catch companies that                                                               
are non-compliant and the penalties are steep.                                                                                  
                                                                                                                                
CHAIR GARY STEVENS added this is  not part of a package of taxes.                                                               
It is  one tax  requested by  the Governor in  his speech  to the                                                               
Legislature where  he asked for  consideration of a sales  tax or                                                               
this head tax for education.                                                                                                    
                                                                                                                                
There were no further questions and he asked for a motion.                                                                      
                                                                                                                                
SENATOR COWDERY made a motion to move CSSB 137 \S version from                                                                  
committee with unanimous consent and attached fiscal note.                                                                      
                                                                                                                                
SENATOR GUESS objected.                                                                                                         
                                                                                                                                
Senators Dyson, Cowdery and Chair Stevens voted yea and Senator                                                                 
Guess voted nay. The motion passed and CSSB 137 (STA) moved from                                                                
committee.                                                                                                                      

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