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Ways and Means splits on tax bills: HB 15, HB 133 and HB 1492 tied; HB 100 and HB 1422 not recommended

House Ways and Means Committee · September 17, 2024
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Summary

The committee recorded ties (10-10) leaving HB 15, HB 133 and HB 1492 'without recommendation,' while unanimously voting 20-0 to not recommend HB 100 and HB 1422. Members debated whether omnibus tax packages should be broken into separate bills.

The House Ways and Means Committee took mixed action on a set of tax-related interim bills, producing several unanimous decisions and several tied votes that resulted in bills being recorded "without recommendation."

Representative Doucette moved several motions in executive session. On HB 100 (repeal of the interest and dividends tax), Doucette said the issue "has already been addressed in legislation," and the committee voted 20-0 to not recommend future legislation on the bill.

On HB 1422 — an omnibus bill covering business profits, business enterprise, communication services, and rooms and meals taxes — Doucette argued the package should be split into individual bills; the committee voted 20-0 to not recommend the omnibus. Representative Southworth raised caution about potential liabilities from child-assault lawsuits and their fiscal impacts on the state.

Three bills produced tied roll calls and were recorded "without recommendation": HB 15 (business enterprise tax rate) ended 10-10 after a motion to recommend exploration of rate changes; HB 133 (communication services tax) also recorded a 10-10 vote after debate; and HB 1492 produced a 10-10 split. The chair and clerk explained that a tie is recorded as the committee being "unable to reach a consensus of whether to recommend further legislation or not." The clerk's wording, as stated in the hearing, was: "The committee was unable to reach a consensus of whether to recommend further legislation or not."

Representative Almi argued against further revenue reductions given recent broad revenue losses since 2016, calling the communications tax repeal "probably the least defensible" move without addressing the state's reduced revenue base. Representative Lohrey noted that a motion that does not specify increasing or decreasing a rate still produces an effect: "not making a decision is making a decision," she said, meaning current rates remain in place if the committee does not act.

The committee's mixed outcomes leave multiple tax items available for consideration by the next legislature; tied items will be reported as "without recommendation," and unanimous 'not recommend' votes will be included in the committee record.

What happens next: the committee report will record recommendations and without-recommendation outcomes; future lawmakers may reintroduce or rework any of the bills, and members said specific rate changes or omnibus breakups should be pursued in separate bills if revived.