Legislature(2011 - 2012)BUTROVICH 205

02/17/2011 01:00 PM Senate TRANSPORTATION


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12:58:29 PM Start
12:59:31 PM SB19
01:20:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 19 PASSENGER VEHICLE RENTAL TAX TELECONFERENCED
Moved SB 19 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
              SB  19-PASSENGER VEHICLE RENTAL TAX                                                                           
                                                                                                                              
CHAIR KOOKESH announced the consideration of                                                                                    
                                                                                                                                
12:59:31 PM                                                                                                                   
ANDY MODEROW, staff to Senator French, sponsor of SB 19, read                                                                   
the sponsor statement into the record as follows:                                                                               
                                                                                                                                
     SB  19 will  remove the  10 percent  tax on  motorcycle                                                                    
     rentals.  With  our  short   summer  and  the  economic                                                                    
     benefits  of   independent  tourism,   the  legislature                                                                    
     should support this emerging industry.                                                                                     
                                                                                                                                
     Motorcycle tourism brings  independent travelers to our                                                                    
     small  businesses and  restaurants. While  cruise ships                                                                    
     ensure   that  large   hotels   are  full,   motorcycle                                                                    
     travelers go  off the beaten path,  traveling to remote                                                                    
     bed  and breakfasts  or staying  in smaller  hotels. In                                                                    
     contrast to  RV renters  (who pay  a smaller  3 percent                                                                    
     rental tax),  motorcycle riders are more  likely to eat                                                                    
     at restaurants,  since it is  difficult to cook  a meal                                                                    
     in one's motorcycle.                                                                                                       
                                                                                                                                
     With a short rental  season, plenty of challenges exist                                                                    
     for Alaskan  businesses that  rent motorcycles.  On top                                                                    
     of  the  seven  or  eight winter  months  where  rental                                                                    
     income isn't earned, fleet storage  adds to the cost of                                                                    
     doing business  in Alaska.  These factors  increase the                                                                    
     price  of  rentals,  making it  difficult  to  draw  in                                                                    
     customers. Adding a 10 percent  state tax makes renting                                                                    
     motorcycles   even   more    challenging   for   rental                                                                    
     businesses.                                                                                                                
                                                                                                                                
     Passing  this   legislation  corrects   the  accidental                                                                    
     inclusion  of   motorcycles  to  our   existing  rental                                                                    
     vehicle tax.  In 2003, the  legislature passed  a motor                                                                    
     vehicle  rental  tax  for  rental   cars.  No  talk  of                                                                    
     motorcycles was  placed on the record  after that time.                                                                    
     Also  illustrating   that  point,  the   Department  of                                                                    
     Revenue  didn't  even  collect the  tax  until  several                                                                    
     years after the law became effective.                                                                                      
                                                                                                                                
MR. MODEROW pointed out that  Section 1 adjusts the definition of                                                               
passenger vehicle in  the transportation tax statute,  not in the                                                               
motor  vehicle  title.  Page 2,  lines  11-12,  effectively  adds                                                               
motorcycles  and  motor-driven  cycles to  the  exemption  that's                                                               
currently in the taxation law.                                                                                                  
                                                                                                                                
1:01:54 PM                                                                                                                    
REPRESENTATIVE  THOMAS  asked  if car  rental  agencies  wouldn't                                                               
express some of the same concerns.                                                                                              
                                                                                                                                
MR. MODEROW agreed that many  the arguments would be similar, but                                                               
one difference is that motorcycles  cannot travel on icy roads so                                                               
the window during which they can be leased out is much shorter.                                                                 
                                                                                                                                
SENATOR MENARD asked where the opposition is coming from.                                                                       
                                                                                                                                
MR.  MODEROW  replied  he  isn't aware  of  any  opposition.  For                                                               
perspective,  he noted  that  the vehicle  rental  tax brings  in                                                               
about $7.3 million.                                                                                                             
                                                                                                                                
1:03:48 PM                                                                                                                    
SENATOR  THOMAS  commented  that  it  probably  costs  more  than                                                               
$12,000 to collect the tax.                                                                                                     
                                                                                                                                
MR. MODEROW replied that's a good observation.                                                                                  
                                                                                                                                
SENATOR EGAN reported  that the City and Borough  of Juneau (CBJ)                                                               
does not  oppose the  bill since  it relates to  a state  tax and                                                               
wouldn't affect CBJ finances.                                                                                                   
                                                                                                                                
SENATOR  MENARD  mentioned  the  possibility  of  offsetting  the                                                               
revenue  drop  using  something   similar  to  the  vanity  plate                                                               
program, but making it available only to motorcycles.                                                                           
                                                                                                                                
MR. MODEROW  replied they're  happy to  consider any  options the                                                               
committee would like to pursue.                                                                                                 
                                                                                                                                
1:05:32 PM                                                                                                                    
JOHANNA  BALES,  Deputy  Director, Tax  Division,  Department  of                                                               
Revenue  (DOR), said  DOR has  had concerns  with the  handful of                                                               
companies that  rent motorcycles. She agreed  that it's difficult                                                               
to identify the rental portion of  the motorcycle when the tax is                                                               
levied  because  most  of  companies  offer  package  deals  that                                                               
include things like a guide, for  example. The tax is intended to                                                               
apply only  to the rental  portion, not the tourism  portion. She                                                               
noted  that the  Municipality  of Anchorage  also  has a  vehicle                                                               
rental tax and motorcycles are exempt.                                                                                          
                                                                                                                                
SENATOR THOMAS  said if it's  difficult to identify what  the tax                                                               
is applicable to,  how will you know if there's  a savings to the                                                               
customer.                                                                                                                       
                                                                                                                                
MS. BALES  explained that  the vehicle  tax is  an add-on  tax so                                                               
there  would  be 10  percent  tax  added  to whatever  the  renal                                                               
company  charges.  When  DOR contacted  these  motorcycle  rental                                                               
companies, many weren't  aware that they were subject  to the tax                                                               
and  hadn't  collected  it.  They're set  up  where  they're  not                                                               
collecting  the  tax  even  though  it's a  line  item  on  their                                                               
invoice.                                                                                                                        
                                                                                                                                
SENATOR  THOMAS commented  that it  was really  hard to  identify                                                               
when it wasn't collected.                                                                                                       
                                                                                                                                
MS. BALES agreed.                                                                                                               
                                                                                                                                
SENATOR MENARD asked if a similar bill was introduced last year.                                                                
                                                                                                                                
MS. BALES replied this isn't a new concept.                                                                                     
                                                                                                                                
1:09:07 PM                                                                                                                    
NANCY HULL, Alaska Motorcycle Adventures,  said she is testifying                                                               
in strong support  of SB 19 because the current  law allows for a                                                               
very  open  interpretation. In  2003,  when  HB 271  became  law,                                                               
motorcycles weren't discussed. Small  businesses like hers have a                                                               
very  high rate  structure to  cover  insurance in  a very  short                                                               
season. She said  she generally charges $150-$240  per day, which                                                               
means that a customer on the high  end could pay $24 tax per day.                                                               
If someone rents a motorcycle for  5 days, the tax would be about                                                               
$125. She  noted that last  summer a couple rented  2 motorcycles                                                               
for 11 days  and their tax was  $386. This is opposed  to $115 in                                                               
tax if they had rented an RV.                                                                                                   
                                                                                                                                
She  also pointed  out  that  motor home  rentals  qualify for  a                                                               
number of  exemptions for  things like  dishware, car  seats, and                                                               
GPS  devices, but  motorcycle rentals  don't qualify  for similar                                                               
exemptions because  they weren't specifically listed  in the law.                                                               
She noted that her customers travel  to remote areas of the state                                                               
and they support small local businesses that see few tourists.                                                                  
                                                                                                                                
MS.  HULL  asked  the  committee   to  address  motorcycles  with                                                               
specific language so that her customers are treated fairly.                                                                     
                                                                                                                                
SENATOR THOMAS  calculated that 800  rental days at $15  would be                                                               
$12,000. He asked if the business is really that small.                                                                         
                                                                                                                                
MS. HULL  agreed it's not a  lot of money,  but it is a  lot when                                                               
it's spread across just 125 customers.                                                                                          
                                                                                                                                
1:15:52 PM                                                                                                                    
PHILIP  FREEMAN,  Motoquest, said  we  have  the shortest  rental                                                               
season in the  world and it's difficult to make  a living. Adding                                                               
a 10  percent tax to  the rates they  must charge is  abysmal. He                                                               
asked   the  committee   to  consider   the  motorcycle   in  the                                                               
transportation bill.                                                                                                            
                                                                                                                                
1:17:02 PM                                                                                                                    
BARRY MADISON, House of Harley  Davidson, said they weren't aware                                                               
of the tax  when they started their business. When  they read the                                                               
law it became  clear that motorcycles weren't  considered when it                                                               
was written, but they weren't  excluded either. Their rental rate                                                               
is  $200-$250  a day  and  if  they had  to  add  the tax  they'd                                                               
probably lose  customers. They employ  one person part  time year                                                               
around  and  two people  during  the  summer, but  they  couldn't                                                               
afford it if they had to pay the tax.                                                                                           
                                                                                                                                
CHAIR  KOOKESH  closed  public   testimony  and  stated  that  he                                                               
intended to move the bill. He asked the will of the committee.                                                                  
                                                                                                                                
SENATOR  THOMAS commented  that  the  tax is  a  minor source  of                                                               
revenue predominantly because it's not collected.                                                                               
                                                                                                                                
1:20:01 PM                                                                                                                    
SENATOR  THOMAS  moved  to  report  SB  19  from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         

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