Legislature(2005 - 2006)

2005-05-07 House Journal

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2005-05-07                     House Journal                      Page 1725
SB 174                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 174                                                                             
    "An Act excluding certain trucks from the definition of 'passenger                              
    vehicle' for purposes of the passenger vehicle rental tax; and                                  
    providing for an effective date."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT HCS(FIN) NT 8DP                                            1507                            
 FN1: (REV)                                                         1507                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 174(FIN)                                                           
    "An Act excluding certain trucks and vehicles provided by                                       
    automobile dealers as replacement transportation during warranty,                               
    recall, or service contract repairs from the definition of 'passenger                           
    vehicle' for purposes of the passenger vehicle rental tax; and                                  
    providing for an effective date."                                                               
                                                                                                    
    (HCR 18 - title change resolution)                                                              
                                                                                                    

2005-05-07                     House Journal                      Page 1726
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 12, following "compensation":                                                      
 Delete "from the customer for providing the vehicle"                                           
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Berkowitz:                                                                                          
                                                                                                    
 Delete "from the customer"                                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no further objection, Amendment No. 1 as amended was                                    
adopted.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was not offered.                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representative Gatto:                                                
                                                                                                    
Page 1, line 3, following "tax;" (title amendment):                                               
 Insert "relating to taxes regarding certain commercial                                           
passenger vessels operating in the state;"                                                        
                                                                                                    
Page 2, line 14:                                                                                    
 Delete all material and insert:                                                                    
   "* Sec. 2.  AS 43.52 is amended by adding new sections to read:                                
   Article 2.  Excise Tax on Passengers Traveling Aboard                                          
      a Commercial Passenger Vessel.                                                              
     Sec. 43.52.100.  Levy of excise tax on passengers traveling                                  
    aboard a commercial passenger vessel.  There is imposed an                                    

2005-05-07                     House Journal                      Page 1727
    excise tax on passengers traveling in the marine waters of the state                            
    aboard a commercial passenger vessel that provides overnight                                    
    accommodations.                                                                                 
     Sec. 43.52.110.  Rate of tax.  The tax imposed by AS                                         
    43.52.100 - 43.52.199 is levied at a rate to be determined each                                 
    calendar year by the department based on actual costs of services                               
    to commercial passenger vessels; the rate may not exceed $50 a                                  
    passenger a voyage.                                                                             
     Sec. 43.52.120.  Liability for payment of tax.  (a) A                                        
    passenger traveling in the marine waters of the state aboard a                                  
    commercial passenger vessel that provides overnight                                             
    accommodations is liable for the tax imposed by AS 43.52.100 -                                  
    43.52.199.  The tax                                                                             
      (1)  shall be collected by the person who provides the                                        
    travel to the passenger; and                                                                    
      (2)  is due and payable to the department                                                     
           (A)  by the person who provides the travel to the                                        
         passenger, regardless of whether the person actually collects                              
         the tax from the passenger; and                                                            
           (B)  in the manner and at the times required by the                                      
         department by regulation.                                                                  
     (b)  A passenger is not liable for the tax under AS 43.52.100 -                                
    43.52.199 if that passenger was liable for the tax within the                                   
    preceding 30 days.                                                                              
     (c)  A person who provides travel for a passenger who, under                                   
    (b) of this section, would not be liable for the tax under AS                                   
    43.52.100 - 43.52.199 is not required to collect and pay the tax to                             
    the department if the person reasonably believes that the passenger                             
    is not liable for the tax under (b) of this section.                                            
     Sec. 43.52.130.  Disposition of proceeds.  (a)  The proceeds                                 
    from the tax imposed by AS 43.52.100 - 43.52.199 shall be                                       
    deposited in a special commercial vessel passenger tax account in                               
    the general fund.  The legislature may appropriate money from the                               
    account for the purposes described in (b) and (c) of this section,                              
    for state-owned port and harbor facilities, for other services to                               
    properly provide for vessel or watercraft visits, to enhance the                                
    safety and efficiency of interstate and foreign commerce, and for                               
    other lawful purposes as determined by the legislature.                                         
     (b)  For each sailing of a commercial passenger vessel                                         
    providing overnight accommodations, the commissioner shall                                      

2005-05-07                     House Journal                      Page 1728
    identify the first five ports of call in the state and the number of                            
    passengers on board the vessel at each port of call.  Subject to                                
    appropriation by the legislature, the commissioner shall distribute                             
    to each port of call 10 percent of the tax revenue collected under                              
    AS 43.52.100 - 43.52.199 from each passenger visiting that port.                                
    If the port of call is a city located within a borough that is not                              
    unified with the borough, the commissioner shall, subject to                                    
    appropriation by the legislature, distribute five percent for each                              
    passenger to the city and five percent to the borough.  Each port of                            
    call receiving funds under this section shall use the funds received                            
    in a manner calculated to improve port and harbor facilities, for                               
    other services to properly provide for vessel or watercraft visits,                             
    and to enhance the safety and efficiency of interstate and foreign                              
    commerce.                                                                                       
     (c)  Within the special commercial vessel passenger tax                                        
    account established in (a) of this section, a regional cruise ship                              
    impact subaccount is established.  The subaccount consists of 25                                
    percent of the proceeds from the tax on travel aboard commercial                                
    passenger vessels providing overnight accommodations in the                                     
    marine waters of the state.  Subject to appropriation by the                                    
    legislature and regulations adopted by the department, the                                      
    commissioner shall distribute funds from this subaccount to                                     
    municipalities or other governmental entities within the Prince                                 
    William Sound region, Southeast Alaska, or any other distinctive                                
    region affected by cruise-ship-related tourism activities but not                               
    entitled to receive funds based on port-of-call visitation as allowed                           
    by (b) of this section.  The commissioner shall make the                                        
    distribution authorized by the subsection only if the funds are used                            
    by the recipient to provide services and infrastructure directly                                
    related to passenger vessel or watercraft visits or to enhance the                              
    safety and efficiency of interstate and foreign commerce related to                             
    vessel or watercraft activities.                                                                
       Sec. 43.52.140.  Administration.  (a)  The department shall                               
      (1)  administer AS 43.52.100 - 43.52.199; and                                                 
      (2)  collect, and supervise and enforce the collection of,                                    
    taxes due under AS 43.52.100 - 43.52.199 and penalties as                                       
    provided in AS 43.05.                                                                           
     (b)  The department may adopt regulations to carry out the                                     
    purposes of AS 43.52.100 - 43.52.199.                                                           
     Sec. 43.52.199.  Definitions.  In AS 43.52.100 - 43.52.199,                                  

2005-05-07                     House Journal                      Page 1729
    unless the context otherwise requires,                                                          
      (1)  "commercial passenger vessel" means a vessel that is                                     
    used in the common carriage of passengers in commerce;                                          
    "commercial passenger vessel" does not include a                                                
           (A)  vessel with an overnight accommodation                                              
         capacity for fewer than 36 passengers;                                                     
           (B)  noncommercial vessel or a vessel operated by                                        
        the state, the United States, or a foreign government; or                                  
           (C)  vessel licensed under AS 16.05.490 and used in                                      
         charter service for the recreational taking of fish and shellfish;                         
      (2)  "marine waters of the state" means the marine bays,                                      
    sounds, rivers, inlets, straits, passages, canals, Pacific Ocean, Gulf                          
    of Alaska, Bering Sea, and Arctic Ocean within the territorial                                  
    limits of the state, and all other bodies of marine water that are                              
    wholly or partially within the state or are under the jurisdiction of                           
    the state;                                                                                      
      (3)  "passenger" means a person with whom a common                                            
     carrier has contracted for carriage from one place to another.                                
   * Sec. 3.  The uncodified law of the State of Alaska is amended by                             
adding a new section to read:                                                                       
 TRANSITION:  REGULATIONS.  The Department of Revenue                                               
may proceed to adopt regulations to implement sec. 2 of this Act.  The                              
regulations take effect under AS 44.62 (Administrative Procedure                                    
Act), but not before the effective date of sec. 2 of this Act.                                      
   * Sec. 4.  The uncodified law of the State of Alaska is amended by                             
adding a new section to read:                                                                       
 REVISOR'S INSTRUCTION:  The revisor of statutes shall                                              
substitute "AS 43.52.010 - 43.52.099" for "this chapter" wherever "this                             
chapter" occurs in AS 43.52.010 - 43.52.099.                                                        
   * Sec. 5.  Sections 1 and 3 of this Act take effect immediately under                          
AS 01.10.070(c).                                                                                    
   * Sec. 6.  Except as provided in sec. 5, this Act takes effect January                         
1, 2006."                                                                                           
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected and rose to a point of order, stating                              
Amendment No. 3 was not germane and cited Rule 35 of the Uniform                                    
Rules.                                                                                              

2005-05-07                     House Journal                      Page 1730
The Speaker ruled that the amendment was not in order.                                              
                                                                                                    
                                                                                                    
Representative Berkowitz appealed the ruling of the Chair.                                          
                                                                                                    
                                                                                                    
Representative Gatto moved and asked unanimous consent to                                           
withdraw Amendment No. 3.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
SB 174(FIN) am H be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
                                                                                                    
HCS SB 174(FIN) am H will advance to third reading on tomorrow's                                    
calendar.