Legislature(2007 - 2008)BARNES 124

04/03/2007 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 212 LAND TRANSFERS ALASKA RR & EKLUTNA TELECONFERENCED
Moved Out of Committee
*+ HB 222 PASSENGER VESSEL TAX CREDIT TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         April 3, 2007                                                                                          
                           8:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Anna Fairclough, Co-Chair                                                                                        
Representative Gabrielle LeDoux, Co-Chair                                                                                       
Representative Nancy Dahlstrom                                                                                                  
Representative Mark Neuman                                                                                                      
Representative Kurt Olson                                                                                                       
Representative Sharon Cissna                                                                                                    
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 212                                                                                                              
"An Act authorizing the transfer of land from the Alaska                                                                        
Railroad Corporation to Eklutna, Inc.; and providing for an                                                                     
effective date."                                                                                                                
                                                                                                                                
     - MOVED HB 212 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 222                                                                                                              
"An  Act  providing a  credit  for  a  municipal tax  imposed  on                                                               
certain  passengers  traveling  on commercial  passenger  vessels                                                               
that  provide  overnight  accommodations; and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 212                                                                                                                  
SHORT TITLE: LAND TRANSFERS ALASKA RR & EKLUTNA                                                                                 
SPONSOR(s): REPRESENTATIVE(s) STOLTZE                                                                                           
                                                                                                                                
03/21/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/07       (H)       CRA, FIN                                                                                               
04/03/07       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
BILL: HB 222                                                                                                                  
SHORT TITLE: PASSENGER VESSEL TAX CREDIT                                                                                        
SPONSOR(s): REPRESENTATIVE(s) RAMRAS                                                                                            
                                                                                                                                
03/26/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/26/07       (H)       CRA, FIN                                                                                               
04/03/07       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BEN MULLIGAN, Staff                                                                                                             
to Representative Bill Stoltze                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 212 on behalf of the sponsor,                                                                 
Representative Stoltze.                                                                                                         
                                                                                                                                
CURTIS MCQUEEN, Corporate Affairs                                                                                               
Eklutna, Inc.;                                                                                                                  
Native Village of Eklutna                                                                                                       
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified on HB 212.                                                                                       
                                                                                                                                
PAT GAMBLE, President & CEO                                                                                                     
Alaska Railroad Corporation                                                                                                     
Department of Commerce, Community, & Economic Development                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Requested the committee's approval of the                                                                  
land transfer embodied in HB 212.                                                                                               
                                                                                                                                
JIM ARNESEN, Corporate Land & Regulatory Manager                                                                                
Eklutna, Inc.                                                                                                                   
(No address provided)                                                                                                           
POSITION STATEMENT:  During hearing of HB 212, requested that                                                                   
the property be returned as soon as possible and be left in as                                                                  
original condition as possible.                                                                                                 
                                                                                                                                
REPRESENTATIVE JAY RAMRAS                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 222.                                                                            
                                                                                                                                
DON BULLOCK, Attorney                                                                                                           
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During hearing of HB 222, answered                                                                         
questions.                                                                                                                      
                                                                                                                                
TIM BOURCY, Mayor                                                                                                               
City of Skagway                                                                                                                 
Skagway, Alaska                                                                                                                 
POSITION STATEMENT:   Testified in  support of the concept  of HB
222 and the cap it imposes.                                                                                                     
                                                                                                                                
GERSON COHEN                                                                                                                    
(No address provided)                                                                                                           
POSITION STATEMENT:   During hearing of  HB 222, spoke as  one of                                                               
the sponsors of the cruise ship tax initiative.                                                                                 
                                                                                                                                
MARVIN YODER                                                                                                                    
Seward, Alaska                                                                                                                  
POSITION STATEMENT:  Testified on HB 222.                                                                                       
                                                                                                                                
ALLEN SOREN, City Manager                                                                                                       
City of Skagway                                                                                                                 
Skagway, Alaska                                                                                                                 
POSITION  STATEMENT:    Testified  that  the  cap  on  individual                                                               
credits at each port included in  HB 222 is important to the City                                                               
of Skagway.                                                                                                                     
                                                                                                                                
BOB WEINSTEIN, Mayor                                                                                                            
City of Ketchikan                                                                                                               
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 222.                                                                            
                                                                                                                                
CHIP THOMA                                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Testifying  as a  cruise  initiative  law                                                               
supporter, urged the committee to reject HB 222.                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
CO-CHAIR ANNA FAIRCLOUGH called  the House Community and Regional                                                             
Affairs  Standing  Committee  meeting  to order  at  8:05:35  AM.                                                             
Representatives  Fairclough,  LeDoux, Dahlstrom,  Neuman,  Olson,                                                               
and Cissna  were present  at the call  to order.   Representative                                                               
Salmon arrived as the meeting was in progress.                                                                                  
                                                                                                                                
HB 212-LAND TRANSFERS ALASKA RR & EKLUTNA                                                                                     
                                                                                                                                
8:06:25 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH  announced that  the first order  of business                                                               
would be HOUSE BILL NO. 212,  "An Act authorizing the transfer of                                                               
land from the  Alaska Railroad Corporation to  Eklutna, Inc.; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
8:06:43 AM                                                                                                                    
                                                                                                                                
BEN MULLIGAN, Staff to Representative  Bill Stoltze, Alaska State                                                               
Legislature,   explained  that   HB   212   is  land   conveyance                                                               
legislation in  which land from  the Alaska  Railroad Corporation                                                               
(ARRC) would  be conveyed to Eklutna,  Inc.  In order  for a land                                                               
transfer to  happen, ARRC has  to request and obtain  approval of                                                               
the  legislature  to  transfer  the land  known  as  the  Eklutna                                                               
Quarry, which is  48 acres [north of] Eagle River.   Prior to the                                                               
introduction  of HB  212,  ARRC, Eklutna,  Inc.,  and the  Native                                                               
Village of  Eklutna all  worked out the  logistics of  what would                                                               
occur with this  parcel and signed a  memorandum of understanding                                                               
(MOU) to that  effect.  Everyone is [in agreement]  with the deal                                                               
and thus coming before the legislature  is a formality.  What has                                                               
already been  blasted in the  quarry will  be taken out  and then                                                               
the parcel will be conveyed to Eklutna.                                                                                         
                                                                                                                                
8:09:12 AM                                                                                                                    
                                                                                                                                
CURTIS MCQUEEN, Corporate Affairs,  Eklutna, Inc.; Native Village                                                               
of Eklutna (NVE), thanked the  committee for hearing this matter,                                                               
which has been lingering for 30  years.  Mr. McQueen related that                                                               
Eklutna, Inc.  has worked closely  with NVE, which is  the tribal                                                               
side  of  the organization.    Over  30  years ago,  Eklutna  was                                                               
promised this  land and quarry  through the Alaska  Native Claims                                                               
Settlement Act  (ANCSA).  Although  ARRC, Eklutna, Inc.,  and NVE                                                               
don't have the best history  in regard to finding resolution, Mr.                                                               
Gamble  has been  very proactive  in attempting  to resolve  this                                                               
matter.  Over the last two  years, an agreement was reached after                                                               
working closely with ARRC.                                                                                                      
                                                                                                                                
8:11:00 AM                                                                                                                    
                                                                                                                                
PAT GAMBLE, President & CEO,  Alaska Railroad Corporation (ARRC),                                                               
Department of Commerce, Community,  & Economic Development, noted                                                               
his agreement  with Mr. McQueen in  that ARRC hasn't had  a great                                                               
history  with Eklutna  as the  48  acres resulted  in ARRC  being                                                               
taken  to supreme  court three  times.   However,  there is  rich                                                               
potential  with regard  to the  future  of Eklutna.   Mr.  Gamble                                                               
explained  that after  spending a  day  in NVE  talking with  the                                                               
elders, he  came to understand  the deeper meaning of  the quarry                                                               
in  relation  to the  culture.    The aforementioned  resulted  a                                                               
cultural approach  to the  solution.   He echoed  earlier remarks                                                               
that the  Railroad Transfer Act  specifies that ARRC  must obtain                                                               
approval from the  legislature to transfer land, which  is why HB
212 is before  the committee today.  Mr.  Gamble highlighted [the                                                               
importance]  of  the  relationship   ARRC  has  established  with                                                               
Eklutna through  this process as  there is  promising development                                                               
for Eklutna and  ARRC.  The geographic area [of  Eklutna] holds a                                                               
considerable   future  and   ARRC  is   already  discussing   the                                                               
possibilities  of  development  through  the area.    Mr.  Gamble                                                               
characterized  this  transfer  as   a  "no-brainer"  because  the                                                               
intention is  to pull up rocks  and finds on the  ground, cleanup                                                               
the property,  possibly adjust the  face of the quarry,  and pull                                                               
up the  track.  All of  the aforementioned will be  performed per                                                               
the MOU.   In  conclusion, Mr.  Gamble requested  the committee's                                                               
approval of the land transfer embodied in HB 212.                                                                               
                                                                                                                                
8:14:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  noted her appreciation  for Mr.  Gamble visiting                                                               
NVE to actually see the situation.                                                                                              
                                                                                                                                
MR. GAMBLE  said the visit  made all the difference  in resolving                                                               
the matter.   He commented  that this land transfer  doesn't hurt                                                               
ARRC, which  he characterized as a  good value for the  state and                                                               
the right thing to do.                                                                                                          
                                                                                                                                
8:16:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN   asked  if   any  other   reclamation  is                                                               
necessary  to  the area  beyond  taking  out  the rock  that  was                                                               
blasted.                                                                                                                        
                                                                                                                                
MR. GAMBLE replied no.                                                                                                          
                                                                                                                                
8:17:24 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH asked  if explosives will be able  to be used                                                               
to remove the  materials off the property with  24-hour notice to                                                               
the village.                                                                                                                    
                                                                                                                                
MR. GAMBLE replied yes, noting that's specified in the MOU.                                                                     
                                                                                                                                
CO-CHAIR FAIRCLOUGH related her  understanding that a conditional                                                               
use permit  will be  required.  The  conditional use  permit from                                                               
planning and zoning that happened  on December 4, 2006, specifies                                                               
that ARRC  shall seek  jurisdiction from the  U.S. Army  Corps of                                                               
Engineers  (COE) and  shall seek  clean  water authorization,  as                                                               
necessary,  from  COE  and the  Environmental  Protection  Agency                                                               
(EPA).  The document  further specifies  that ARRC  will sod  and                                                               
hydro seed the site in order  to maintain runoff and air quality.                                                               
The aforementioned  is located on page  2 of the document  and is                                                               
different than the MOU.  She  inquired as to which is the abiding                                                               
document.                                                                                                                       
                                                                                                                                
MR. GAMBLE informed the committee  that ARRC has already received                                                               
the conditional use permit to pick up  the rock.  He said that he                                                               
isn't familiar with the document  to which Co-Chair Fairclough is                                                               
referring and thus would need to obtain that information.                                                                       
                                                                                                                                
CO-CHAIR FAIRCLOUGH  said that  she merely  wanted the  record to                                                               
reflect how  the site will be  left and whether NVE  and Eklutna,                                                               
Inc. are happy  with planning and zoning's  expectations for ARRC                                                               
to leave the site with some  vegetation.   She related her belief                                                               
that NVE  and Eklutna, Inc.  may want to  return the area  to its                                                               
natural habitat.                                                                                                                
                                                                                                                                
8:19:44 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH then  turned  to the  disparity between  the                                                               
value of  the materials  coming off  the site.   She  pointed out                                                               
that  the  sponsor statement  specifies  that  the value  of  the                                                               
materials  is  approximately  $2  million while  a  letter  dated                                                               
January 22, 2007, specifies that the value is $1 million.                                                                       
                                                                                                                                
MR. GAMBLE  specified that the correct  value is $2 million.   He                                                               
explained  that  the $1  million  was  the  first review  of  the                                                               
property and the material on the  ground.  Given the market value                                                               
of  those materials  at the  time, the  estimate was  $1 million.                                                               
However,  once the  actual tonnage  and  specific materials  were                                                               
determined, the estimate rose to $2 million.                                                                                    
                                                                                                                                
8:21:12 AM                                                                                                                    
                                                                                                                                
JIM ARNESEN, Corporate Land &  Regulatory Manager, Eklutna, Inc.,                                                               
informed  the committee  that Eklutna  is interested  in stopping                                                               
the  destruction.   The area  is  barren rock  and the  residents                                                               
don't want  to sod and seed  the area because there  are no plans                                                               
for the  land at this point.   He related that  Eklutna, Inc. and                                                               
NVE  basically  want the  property  to  be  returned as  soon  as                                                               
possible and  to be  left in as  original condition  as possible.                                                               
Mr. Arnesen  then related  that at one  time Eklutna  Reserve had                                                               
390,000 acres that was reduced  to its current 1,200 acres around                                                               
the village.   Even within that 1,200 acres,  other entities were                                                               
allowed  to  come  in  and take  various  parcels  from  Eklutna.                                                               
However, once ANCSA  passed, Eklutna reclaimed some  of its land.                                                               
The parcel addressed in HB  212 was addressed in ANCSA, mentioned                                                               
in the  Alaska National Interest Lands  Conservation Act (ANILCA)                                                               
and  the 3(e)  agreements.   Because the  federal government  was                                                               
using  the  property  at  the   time,  it  wasn't  available  for                                                               
selection.    However,  the  [federal]  legislation  included  an                                                               
allowance for a future transfer,  which is what is occurring with                                                               
HB 212.                                                                                                                         
                                                                                                                                
8:23:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  inquired as to  what will happen  with the                                                               
rail spur.                                                                                                                      
                                                                                                                                
MR.  ARNESEN related  his understanding  that after  ARRC removes                                                               
the materials on the ground, the rail spur will be removed.                                                                     
                                                                                                                                
8:24:14 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH,  upon determining  no  one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
CO-CHAIR FAIRCLOUGH,  relating her  perspective as a  resident of                                                               
the area, said  that NVE and Eklutna, Inc.  have been outstanding                                                               
community  partners.   In fact,  Eklutna has  leased the  land on                                                               
which Chugiak High  School sits for $1.  She  then applauded ARRC                                                               
for  taking a  different direction,  and noted  that it  benefits                                                               
Alaska because  it provides access  to material that has  been in                                                               
dispute for many years.   That material would reduce construction                                                               
costs for future ARRC and highway projects.                                                                                     
                                                                                                                                
8:26:41 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX moved  to report  HB 212  out of  committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE SALMON objected.                                                                                                 
                                                                                                                                
A  roll call  vote  was taken.    Representatives Olson,  Cissna,                                                               
Salmon,  Neuman,  LeDoux,  and   Fairclough  voted  in  favor  of                                                               
reporting HB 212 from committee.   Therefore, HB 212 was reported                                                               
out  of  the  House  Community   and  Regional  Affairs  Standing                                                               
Committee by a vote of 6-0.                                                                                                     
                                                                                                                                
The committee took an at-ease from 8:28 a.m. to 8:30 a.m.                                                                       
                                                                                                                                
HB 222-PASSENGER VESSEL TAX CREDIT                                                                                            
                                                                                                                                
8:29:37 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH  announced that  the final order  of business                                                               
would be  HOUSE BILL NO.  222, "An Act  providing a credit  for a                                                               
municipal  tax   imposed  on  certain  passengers   traveling  on                                                               
commercial    passenger    vessels   that    provide    overnight                                                               
accommodations; and providing for an effective date."                                                                           
                                                                                                                                
8:29:53 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX moved  to adopt  CSHB 222,  Version 25-LS0782\E,                                                               
Bullock,  3/28/07,  as the  working  document.   There  being  no                                                               
objection, Version E was before the committee.                                                                                  
                                                                                                                                
8:30:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JAY  RAMRAS, Alaska State Legislature,  sponsor of                                                               
HB 222, began by pointing out  the changes embodied in Version E.                                                               
On page  1, line 7, the  amount that can be  collected was capped                                                               
at  $10  per port  community  in  order  to avoid  any  predatory                                                               
communities seeking to  take the entire amount.  On  page 1, line                                                               
12, after "tax", the word "fee"  was inserted.  He explained that                                                               
HB  222 addresses  the cruise  ship  head tax,  which is  largely                                                               
borne by  those visiting Alaska.   Representative  Ramras related                                                               
that he isn't a great fan  of litigation.  Furthermore, he opined                                                               
that  there has  been compounded  growth in  the cruise  ship and                                                               
hospitality  industry.   He mentioned  that he  spoke with  Joyce                                                               
Anderson, Select  Committee on Legislative Ethics,  regarding the                                                               
nature of  a close economic  association, which [doesn't  seem to                                                               
be of concern] since he, as  a member of the hospitality industry                                                               
and a  citizen legislator, doesn't  benefit exclusively  [from HB
222].   The  concern is  that  if litigation  ensues between  the                                                               
cruise ship  industry and the  state over the disposition  of the                                                               
cruise  ship  head  tax,  there   will  be  a  lessening  of  the                                                               
aforementioned compounded  growth.   He indicated that  he didn't                                                               
believe a lack  of growth would ever be recovered  in the ensuing                                                               
years.  Therefore, he expressed  interest in addressing that with                                                               
legislation that  constructively addresses  the cruise  ship head                                                               
tax  in  a  manner  that lessens  the  likelihood  of  litigation                                                               
between the state and the cruise ship industry.                                                                                 
                                                                                                                                
8:34:31 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  inquired as to  how HB 222 will  guarantee there                                                               
won't  be any  litigation as  there are  a number  of issues  the                                                               
cruise ship industry has related to the initiative.                                                                             
                                                                                                                                
REPRESENTATIVE  RAMRAS   opined,  "I   think  time   will  tell."                                                               
However,  it remains  valuable to  have  a constructive  dialogue                                                               
about   this   issue.     Representative   Ramras   related   his                                                               
understanding that  at this point  information is  being gathered                                                               
on the  matter.   The issue, he  explained, is  regarding whether                                                               
the compounded  growth rate will  be lost  over the year  when an                                                               
industry  experiences  a  stalled growth  rate.    Representative                                                               
Ramras then turned  to the breakdown of the $50  cruise ship head                                                               
tax.  Of the  $50 head tax, $4 is set aside  for the ocean ranger                                                               
program.   Of the remaining $46  of the head tax,  one-quarter is                                                               
placed in  the regional impact  fund that would presumably  go to                                                               
communities across the state.   He questioned the legality of the                                                               
aforementioned.  He  also questioned what could be  done with the                                                               
remaining  $35 of  the  head  tax.   Although  the Department  of                                                               
Revenue (DOR)  in its fiscal note,  has indicated it can  do what                                                               
it  will  with  [the  $35].    Representative  Ramras  noted  his                                                               
disagreement.                                                                                                                   
                                                                                                                                
8:38:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  drew  the committee's  attention  to  the                                                               
numerous legal  opinions included in the  committee packet, which                                                               
illustrate  that  under the  U.S.  Constitution  and federal  law                                                               
revenues from the  cruise ship initiative head taxes  can only be                                                               
used to pay  the costs of a service to  the vessel or watercraft.                                                               
Therefore,  he surmised  that $46  of the  head tax  can only  be                                                               
spent at the ports  of call at which the vessels  stop.  The head                                                               
tax can  be broken into the  following three pieces:   $4 for the                                                               
ocean ranger program;  $11 for the regional impact  fund; and $35                                                               
meant  to be  used for  port facilities.   Representative  Ramras                                                               
pointed out  that in addition  to the  state head tax,  there are                                                               
local head  taxes.  If the  community of Juneau collected  $5 per                                                               
cruise ship passenger, that money  can only be used incrementally                                                               
as  the  community  doesn't  have   a  mechanism  to  bond  large                                                               
projects.  Therefore, HB 222  has the local communities surrender                                                               
their local  head tax  as a  credit against  the state  head tax.                                                               
Through the bonding agency within  DOR, [local communities] could                                                               
bond  huge projects  into the  state.   The aforementioned  could                                                               
result in the enhancement of port communities.                                                                                  
                                                                                                                                
8:40:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  said that she  didn't see anything in  Version E                                                               
that discusses bonding.                                                                                                         
                                                                                                                                
REPRESENTATIVE  RAMRAS  referred  to  page 1,  lines  10-14,  and                                                               
characterized  it as  the enabling  language allowing  local port                                                               
communities  to  apply to  the  state  for  credit and  enable  a                                                               
bonding mechanism in order to do large projects.                                                                                
                                                                                                                                
CO-CHAIR LEDOUX reiterated that she doesn't see the connection.                                                                 
                                                                                                                                
8:42:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked if communities can opt-out.                                                                         
                                                                                                                                
REPRESENTATIVE RAMRAS explained that  a community could choose to                                                               
do  or  not to  do  [a  project].   However,  once  a project  is                                                               
designed by  the local  governing body  and it  sought assistance                                                               
from the state,  it would have an obligation to  pledge the fees.                                                               
He likened  the aforementioned  to how  the fishing  license fees                                                               
are pledged  for the  next 20  years to  service the  $78 million                                                               
bond.  He  mentioned that the mayors of Juneau  and Ketchikan are                                                               
excited  about the  prospect of  significant investment  into the                                                               
port facilities in those communities.                                                                                           
                                                                                                                                
REPRESENTATIVE  NEUMAN  highlighted  that  many  communities  are                                                               
impacted  by tourism.   In  fact,  over 4  million tourists  come                                                               
through his  area annually  and impact  everything from  roads to                                                               
emergency services.   He asked if HB 222 specifies  that only the                                                               
first  five communities  will receive  the  money or  will it  be                                                               
spread  throughout the  state.   He  pointed  out that  generally                                                               
monies coming into the state are  placed in the general fund from                                                               
where  it's distributed.   He  requested more  clarification with                                                               
regard to dedicated funds.                                                                                                      
                                                                                                                                
REPRESENTATIVE RAMRAS  opined that he doesn't  believe it's legal                                                               
under federal  law, to which  state law must conform,  to utilize                                                               
funds from  a passenger  head tax for  uses other  than servicing                                                               
port communities  and locations  where vessels  come in  to port.                                                               
He pointed  out 33  U.S.C. Section 5,  which "prohibits  taxes or                                                               
fees  on   vessels  operating  in   navigable  waters   or  their                                                               
passengers,  except  in   narrowly  tailored  circumstances  that                                                               
enhance the safety  and efficiency of interstate  commerce."  The                                                               
passenger tax  imposed by  the initiative  doesn't come  close to                                                               
satisfying  the test  for a  proper fee  under that  federal law.                                                               
Representative Ramras then directed  attention to the January 26,                                                               
2007,   memorandum  from   Don   Bullock,  Legislative   Counsel,                                                               
Legislative   Legal   and   Research   Services   Division,   and                                                               
highlighted the following sentences:                                                                                            
                                                                                                                                
     ... the use  of money from the tax in  an area in which                                                                    
     the  vessel   carrying  taxable  passengers   does  not                                                                    
     operate may  be disallowed under 33  U.S.C. 5(b) unless                                                                    
     the money is used "solely to  pay the cost of a service                                                                    
     to the vessel or water craft."                                                                                             
                                                                                                                                
     State-imposed  taxes   related  to  the   operation  of                                                                    
     vessels or  other water craft are  generally prohibited                                                                    
                                                                                                                                
     under 33 U.S.C. 5(b)with limited exceptions.                                                                               
                                                                                                                                
REPRESENTATIVE RAMRAS  related that the exceptions  are listed in                                                               
33 U.S.C. 5(b)(2)(A)-(C), as follows:                                                                                           
                                                                                                                                
     (A) are  used solely to  pay the  cost of a  service to                                                                    
     the vessel or water craft;                                                                                                 
     (B)  enhance the  safety and  efficiency of  interstate                                                                    
     and foreign commerce; and                                                                                                  
     (C)  do  not  impose  more   than  a  small  burden  on                                                                    
     interstate or foreign commerce;                                                                                            
                                                                                                                                
REPRESENTATIVE RAMRAS  pointed out that  by using the  term "and"                                                               
between  (B) and  (C) the  statutory meaning  is conjunctive  and                                                               
thus all  three premises must  apply for the exception  to apply.                                                               
He opined that  motor coaches and railway coming  north to Denali                                                               
National Park  and Preserve  and up  to Fairbanks  don't qualify.                                                               
Mr. Bullock's opinion concludes by stating:                                                                                     
                                                                                                                                
     There is  a possibility that  a court may  not consider                                                                    
     the state's  "tax" at  a rate of  "$46 a  passenger per                                                                    
     voyage"  a "fee"  when interpreting  33 U.S.C.  5(b)(1)                                                                    
     and  (2),  in  which  case  an  exception  under  those                                                                    
     paragraphs would not apply.                                                                                                
                                                                                                                                
REPRESENTATIVE RAMRAS then related his  belief that using the $46                                                               
in head tax to go  to communities without vessel traffic violates                                                               
the Tonnage  Clause of the  U.S. Constitution, which  the Supreme                                                               
Court has interpreted  "to prohibit any taxes or  fees on vessels                                                               
in interstate commerce except those  directly related to services                                                               
provided to those vessels."                                                                                                     
                                                                                                                                
8:49:10 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX  related  her understanding  that  currently  if                                                               
Ketchikan  has a  $10 head  tax, then  the tax  would total  $60.                                                               
This legislation would  allow the cruise ships to pay  $40 to the                                                               
state and $10 to Ketchikan.                                                                                                     
                                                                                                                                
REPRESENTATIVE RAMRAS  clarified that $4  of the $50 head  tax is                                                               
an  environmental  fee.    He explained  that  a  community  that                                                               
currently collects a  local head tax is able to  use it to effect                                                               
very  small  projects  annually because  port  enhancement  is  a                                                               
significant investment  by communities.   If communities  had the                                                               
ability  to bond  for  large projects,  they  could actually  add                                                               
jobs.   The local community doesn't  have the ability to  take an                                                               
annual  locally  collected head  tax  and  apply  it to  a  large                                                               
bonding capacity.   Therefore, if a community  collects its local                                                               
head tax  and credits it  against the  state head tax,  then that                                                               
community  could bond  for a  large  project.   Without such,  he                                                               
questioned the state's  plan for money that must  be dedicated to                                                               
locations  where  vessels  dock  and provide  for  port  facility                                                               
enhancement.                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX questioned  why  this  couldn't be  accomplished                                                               
with municipal  bonds.  She opined  that HB 222 tinkers  with the                                                               
initiative such that it almost voids it.                                                                                        
                                                                                                                                
REPRESENTATIVE  RAMRAS  stated that  it's  not  his intention  to                                                               
negate the will  of the people.  However, he  reiterated the need                                                               
to [accomplish  the initiative]  in a  manner that's  legal under                                                               
federal  law and  constructive for  the  communities impacted  by                                                               
port ships.   He stressed  that if litigation ensues  between the                                                               
state  and the  cruise ship  industry, the  workforce as  well as                                                               
communities facing  inhibited growth of the  cruise ship industry                                                               
will suffer.                                                                                                                    
                                                                                                                                
8:53:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS concluded  his testimony  by pointing  out                                                               
that the  use of the  head tax funds  must fit under  federal law                                                               
specifications.   This  legislation addresses  how the  passenger                                                               
excise tax can  be spread as a tax  credit amongst municipalities                                                               
that   are  ports   of  call   to  the   cruise  ship   industry.                                                               
Furthermore, HB 222  allows a municipality that's a  port of call                                                               
to have a guaranteed income  source, which bond buyers would view                                                               
as stable.   Moreover,  HB 222 would  ensure that  a municipality                                                               
that's one of  the first five ports of call  for the vessel would                                                               
be entitled  to a credit against  the tax equal to  the lesser of                                                               
$10  or the  actual  amount of  the passenger  tax  paid to  each                                                               
municipality.    The formula  is  effective  because the  average                                                               
number  of  ports  at  which  each vessel  stops  is  3.5.    The                                                               
provisions  of  HB 222,  he  said,  establish a  predictable  and                                                               
stable form of  funding that makes financing  of significant port                                                               
improvement projects a reality.   Therefore, HB 222 will ensure a                                                               
healthy  cruise industry  and reduce  the chances  of litigation.                                                               
For the  aforementioned reasons, Representative Ramras  urged the                                                               
committee's support for HB 222.                                                                                                 
                                                                                                                                
8:58:13 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX inquired  as to  whether the  municipalities can                                                               
bond themselves.                                                                                                                
                                                                                                                                
8:58:22 AM                                                                                                                    
                                                                                                                                
DON BULLOCK,  Attorney, Legislative Legal and  Research Services,                                                               
Legislative Affairs Agency, began by  noting that he doesn't have                                                               
particular expertise  in bonding,  although he  acknowledged that                                                               
municipalities have  the option to  bond directly and  to utilize                                                               
the services of the Municipal  Bond Bank Authority.  He commented                                                               
that any bonding  issue raises the question of how  secure is the                                                               
source of funds that will repay the bonds.                                                                                      
                                                                                                                                
8:58:58 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH  requested that  Mr. Bullock provide  a brief                                                               
framework as to  why his opinion dated January  26, 2007, doesn't                                                               
meet  federal  law.    Co-Chair  Fairclough  announced  that  the                                                               
committee  would proceed  to public  testimony while  Mr. Bullock                                                               
reviewed the opinion.                                                                                                           
                                                                                                                                
9:00:29 AM                                                                                                                    
                                                                                                                                
TIM BOURCY, Mayor,  City of Skagway, reminded  the committee that                                                               
Skagway is  and has  been for  many years a  major port  of call.                                                               
Furthermore,  Skagway has  had  a  positive working  relationship                                                               
with the  cruise industry over the  years.  In fact,  he recalled                                                               
that the City  of Skagway didn't support the passage  of the head                                                               
tax.  Mayor  Bourcy emphasized that it's  important to understand                                                               
that the intent of [HB 222] was  to put money back into the ports                                                               
and the  impacted areas,  which Skagway  supports.   Mayor Bourcy                                                               
then related  support for the  concept of HB  222 and the  cap it                                                               
imposes  because  it's  important  that all  ports  impacted  can                                                               
benefit from the legislation.   With regard to municipal bonding,                                                               
Mayor Bourcy  related that the  City of Skagway doesn't  charge a                                                               
port  fee and  wouldn't  have  the resources  to  bond for  large                                                               
projects.   He likened HB 222 to the raw fish tax.                                                                              
                                                                                                                                
9:03:25 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX opined that the City of Skagway could enact a                                                                   
tax to be used as the guarantee for bonding.                                                                                    
                                                                                                                                
MAYOR BOURCY replied yes, adding that the City of Skagway may                                                                   
consider that if HB 222 moves forward.                                                                                          
                                                                                                                                
9:03:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN inquired as to other types of revenue                                                                     
available to communities such as Skagway.                                                                                       
                                                                                                                                
MAYOR BOURCY specified that the City of Skagway doesn't receive                                                                 
fish tax money and its sales tax is the city's revenue source.                                                                  
                                                                                                                                
9:04:52 AM                                                                                                                    
                                                                                                                                
GERSON COHEN, spoke as one of the sponsors of the cruise ship                                                                   
tax initiative that was passed in August 2006.  Mr. Cohen                                                                       
provided the following testimony:                                                                                               
                                                                                                                                
     Every   independent  expert   working  in   the  cruise                                                                    
     industry  field  interviewed   during  and  after  last                                                                    
     year's  election campaign  was  of the  opinion that  a                                                                    
     head  tax  in  Alaska  wouldn't deter  the  arrival  of                                                                    
     cruise passengers  to Alaska  or change  their spending                                                                    
     habitats.  The  amount of the tax is  so small compared                                                                    
     to  their other  expenditures  for the  trip that  it's                                                                    
     simply of  no consequence.   In fact, in the  last five                                                                    
     years, the industry has steadily  raised its own prices                                                                    
     by  much  more  than  the   head  tax  in  addition  to                                                                    
     increasing fuel  surcharges and  the demand  for Alaska                                                                    
     cruises remains rock solid.   Alaska represents a large                                                                    
     percentage  of  the  worldwide cruise  market  and  the                                                                    
     industry has  no intention  of foregoing  that revenue.                                                                    
     For that  matter, the  cruise lines  could pay  the fee                                                                    
     themselves and not burden the  passengers if they truly                                                                    
     felt  it could  dampen their  enthusiasm for  coming to                                                                    
     Alaska.    The  cruise  lines are  making  billions  of                                                                    
     dollars a year in profits  and can certainly afford it.                                                                    
     So, I  don't understand  the sponsor's  statement about                                                                    
     the  cruise   law  either   hurting  the   industry  or                                                                    
     inspiring them to sue the  state.  We purposely drafted                                                                    
     the  head tax  portion of  the new  cruise law  with an                                                                    
     opt-in  approach.   Those municipalities  that want  to                                                                    
     receive funding  under the new  state law must  give up                                                                    
     the opportunity to  charge their own head tax.   As you                                                                    
     know,  very  few  communities have  had  the  political                                                                    
     clout  to  independently  charge  a  head  tax.    When                                                                    
     Whittier instituted a $1.50 tax,  the industry moved to                                                                    
     Seward.   When Whittier  dropped their  tax to  woo the                                                                    
     ships  back  eight  years  later,  half  of  the  ships                                                                    
     announced  that  they  were leaving  Seward  overnight.                                                                    
     When  Haines instituted  a $4  tour  tax, the  industry                                                                    
     refused to  allow Haines tour operators  to raise their                                                                    
     prices  by  4  percent,  which  meant  that  the  local                                                                    
     operators had to  pay the tax out of  their own pocket.                                                                    
     This  is,  of  course,  not the  borough's  intent  and                                                                    
     Haines rescinded the  tax that was intended  to pay for                                                                    
     tourism infrastructure  impacts on  the community.   If                                                                    
     the municipalities  that now  charge taxes,  Juneau and                                                                    
     Ketchikan,   keep   their   own   taxes   which   total                                                                    
     approximately $12, the loser under  HB 222 is the State                                                                    
     of  Alaska.   Let's  assume the  Department of  Revenue                                                                    
     adopts regulations  resembling the suggestions  made in                                                                    
     the new law for disbursement  of head tax funds.  Since                                                                    
     no cruise  ship visits more  than five ports  in Alaska                                                                    
     on  any given  cruise, the  rebate identified  in House                                                                    
     Bill  222 will  come  out  of the  portion  of the  tax                                                                    
     intended for the state and  will also lower the portion                                                                    
     of the  potential pool  of funds  that we  suggested be                                                                    
     set aside for the  communities impacted by the industry                                                                    
     who do not receive direct visits.                                                                                          
                                                                                                                                
     On  the other  hand, let's  look at  who might  benefit                                                                    
     from House  Bill 222.   Let's  assume the  cruise lines                                                                    
     continue  to  have  the passengers  pay  the  tax,  the                                                                    
     credit  identified  is  supposed  to  go  back  to  the                                                                    
     passengers.   How will  we know  the cruise  lines have                                                                    
     not  simply  pocketed nearly  25  percent  of the  head                                                                    
     taxes  charged.   One  of the  major  cruise lines  was                                                                    
     recently caught  charging passengers  for a tax  in the                                                                    
     Caribbean  that was  being  rebated by  the  port.   It                                                                    
     would seem  likely that this will  be an administrative                                                                    
     nightmare for  the state  if we  intend to  verify that                                                                    
     the money  is, in  fact, going  back to  passengers and                                                                    
     would probably  require significant  staffing increases                                                                    
     at the  Department of  Revenue.   Even then,  given the                                                                    
     financial  secrecy   under  which  this   industry  has                                                                    
     operated  for so  long -  thanks  to registering  their                                                                    
     ships  in  third  world  countries  -  who  knows  what                                                                    
     records  we would  even  be  allowed to  see.   So,  in                                                                    
     summary,  I honestly  cannot understand  why this  bill                                                                    
     has been  drafted and sponsored because  it doesn't put                                                                    
     Alaska first; it can only  reduce the revenue to Alaska                                                                    
     approved by the voters and  has the potential of giving                                                                    
     a significant  portion of the  new tax to  the industry                                                                    
     that  didn't  pay it  in  the  first  place.   I  would                                                                    
     respectfully  urge you  to not  move this  bill out  of                                                                    
     committee.                                                                                                                 
                                                                                                                                
9:08:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  inquired as  to whether Mr.  Cohen knows  of any                                                               
legal opinions suggesting  that the state's head  tax through the                                                               
initiative is constitutionally valid.                                                                                           
                                                                                                                                
MR. COHEN noted that he's not  an attorney and thus can't provide                                                               
a legal opinion  on the matter.  However, he  pointed out that 33                                                               
U.S.C. 5(b)(2)(A)  says, "are used  solely to  pay the cost  of a                                                               
service to  the vessel or  water craft".   The key  definition is                                                               
what is considered a service to  the vessel.  He interpreted that                                                               
to mean  that it didn't  only apply to ports  of call.   When the                                                               
initiative  was first  brought to  the Office  of the  Lieutenant                                                               
Governor for certification  it was reviewed for a  period of over                                                               
five  months  by  the  state  attorney general.    If  there  was                                                               
reasonable [finding]  that the initiative  was going to  be found                                                               
inconsistent with  state or federal law,  the initiative wouldn't                                                               
have been certified, he opined.                                                                                                 
                                                                                                                                
9:11:03 AM                                                                                                                    
                                                                                                                                
MR. BULLOCK  said that  two issues  are brought  up by  33 U.S.C.                                                               
5(b).   The  first issue  is the  federal supremacy  clause.   He                                                               
explained that certain regulations  by the federal government are                                                               
in  place  of  or  superior  to  state  provisions  on  the  same                                                               
provision.   Mr.  Bullock reviewed  33 U.S.C.  5(b)(2)(A)-(C) and                                                               
pointed  out that  one must  first determine  whether there  is a                                                               
small  burden  on  interstate  or   foreign  commerce.    If  the                                                               
aforementioned test  is passed, then  it has  to be used  for the                                                               
two specific  purposes listed  in 33  U.S.C. 5(b)(2)(A)-(B).   He                                                               
noted  that safety  and efficiency  could have  a broader  impact                                                               
than just the  vessel itself.  If no funds  were appropriated for                                                               
these purposes  it would be contrary  to 33 U.S.C. 5(b).   At the                                                               
same time the federal Supremacy Clause  may apply, the issue of a                                                               
dedicated  fund is  in question  due to  the prohibition  against                                                               
such in the  Alaska State Constitution in Article  IX, Section 7,                                                               
as follows:                                                                                                                     
                                                                                                                                
     SECTION 7.   Dedicated Funds.The proceeds  of any state                                                                    
     tax or  license shall not  be dedicated to  any special                                                                    
     purpose,  except  as provided  in  section  15 of  this                                                                    
     article or when required  by the federal government for                                                                    
     state   participation   in   federal   programs.   This                                                                    
     provision  shall not  prohibit the  continuance of  any                                                                    
     dedication for special purposes  existing upon the date                                                                    
     of  ratification  of  this section  by  the  people  of                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
MR. BULLOCK  explained that  first one is  looking at  the cruise                                                               
ship tax within the allowable purposes  under 33 U.S.C. 5(b).  If                                                               
the money can't  be used for any other purpose  other than what's                                                               
required by  the federal  law, the question  is whether  the head                                                               
tax meets  the specification of  a federal program for  which the                                                               
tax  is   required.    If   the  tax  meets   the  aforementioned                                                               
requirement,  then the  tax may  avoid the  issue of  a dedicated                                                               
fund under the Alaska State  Constitution.  Mr. Bullock said that                                                               
he didn't  know the answer  to that  and although the  courts may                                                               
face that matter at some point, the risk is present.                                                                            
                                                                                                                                
9:14:26 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX inquired as to  the probability that HB 222 would                                                               
be constitutional.                                                                                                              
                                                                                                                                
MR. BULLOCK  pointed out that  part of  the issue is  raised only                                                               
when the  money is applied for  a purpose allowed in  the federal                                                               
statute.   With  regard to  the state  constitutional issue,  Mr.                                                               
Bullock  said that  he didn't  know  whether there  is a  federal                                                               
program requiring state participation  that would make the cruise                                                               
ship  tax  allowable  under  the  prohibition  against  dedicated                                                               
funds.                                                                                                                          
                                                                                                                                
CO-CHAIR LEDOUX  related her  understanding that  the legislature                                                               
passes statutes  with funding mechanisms, but  specify in statute                                                               
that it's not a dedicated fund.                                                                                                 
                                                                                                                                
MR.  BULLOCK  highlighted  that  along  with  the  language  that                                                               
specifies that [the  tax] isn't a dedicated fund  is the language                                                               
"may  be appropriated  for", which  takes  [the tax]  out of  the                                                               
dedicated issue.  There's a  preference for an appropriation, but                                                               
it's not  binding and thus the  money could be used  for anything                                                               
else.                                                                                                                           
                                                                                                                                
9:16:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked  if any state law  specifies that the                                                               
funds collected  from the head tax  have to be used  in the first                                                               
five ports in which the vessel enters.                                                                                          
                                                                                                                                
MR. BULLOCK  pointed out that  the initiative specifies  that the                                                               
first five  ports visited by a  ship that's taxed can  receive $5                                                               
per passenger  per port.   There is general language  that allows                                                               
for the money  received from the tax to be  appropriated in areas                                                               
of  the state  where impacted.   The  federal statute  applies in                                                               
regard to  whether the uses  for which the money  is appropriated                                                               
fit within the requirements.                                                                                                    
                                                                                                                                
9:18:20 AM                                                                                                                    
                                                                                                                                
MARVIN  YODER directed  attention to  AS 43.52.230  regarding the                                                               
disposition  of  receipts, which  specifies  that  $2.50 will  be                                                               
distributed to  the city  and $2.50  to the  borough.   Since the                                                               
borough doesn't  have any port  powers or place for  cruise ships                                                               
to dock, it's  doubtful that [Seward] would be able  to use those                                                               
funds.   Still,  Seward's  amount would  be  reduced without  the                                                               
passage  of HB  222.   He  highlighted that  the  language in  AS                                                               
43.52.230 specifies  "subject to appropriation",  which restricts                                                               
an  entity's ability  to bond  since  it's not  a secure  source.                                                               
Therefore,  if  Seward enacted  its  own  tax,  it would  have  a                                                               
guaranteed source for  bond repayment.  He  mentioned that Seward                                                               
is interested in larger projects.   Mr. Yoder related that HB 222                                                               
provides another look  at imposing a tax locally that  would be a                                                               
credit against the $50 passenger fee.                                                                                           
                                                                                                                                
9:21:02 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  questioned what prohibits Seward  from passing a                                                               
head tax even if HB 222 doesn't become law.                                                                                     
                                                                                                                                
MR. YODER  replied nothing.   If the  City of Seward  imposed its                                                               
own head tax/fee  without HB 222, it would be  in addition to the                                                               
$50 head  tax imposed by the  state.  In further  response to Co-                                                               
Chair LeDoux,  Mr. Yoder confirmed that  Seward probably wouldn't                                                               
be harmed  by the aforementioned.   However, it appears  that the                                                               
existing head  tax has  the ability  to repair  the port  and put                                                               
money  into the  port  facilities.   He noted  that  the City  of                                                               
Seward has been reluctant to add  anything that would be over and                                                               
above the other ports because  it doesn't want to face reductions                                                               
in cruise ship passengers.                                                                                                      
                                                                                                                                
9:22:50 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX  surmised then  that  the  fear of  cruise  ship                                                               
retaliation keeps the  City of Seward from initiating  a head tax                                                               
without the passage of HB 222.                                                                                                  
                                                                                                                                
MR. YODER answered that  Co-Chair LeDoux's characterization seems                                                               
correct.  He  said that he feels very  comfortable working within                                                               
the $50 umbrella.                                                                                                               
                                                                                                                                
9:23:36 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH   highlighted  that  the   committee  packet                                                               
includes a  letter from the  City of Seward relating  its support                                                               
of the intent of HB 222.                                                                                                        
                                                                                                                                
9:23:54 AM                                                                                                                    
                                                                                                                                
ALLEN  SOREN,  City  Manager, City  of  Skagway,  echoed  earlier                                                               
testimony  that the  cap on  individual credits  at each  port is                                                               
important to the City of Skagway.                                                                                               
                                                                                                                                
9:24:30 AM                                                                                                                    
                                                                                                                                
BOB  WEINSTEIN, Mayor,  City of  Ketchikan, reviewed  his elected                                                               
service in Ketchikan, which has  coincided with the growth of the                                                               
cruise ship industry in Ketchikan.   He opined that Ketchikan has                                                               
a  good  working  relationship with  the  cruise  ship  industry.                                                               
About six years  ago the City of Ketchikan  initiated a long-term                                                               
port facility  development plan to make  improvements to existing                                                               
facilities in  order to  accommodate the  largest ships  that are                                                               
likely  to come  to Alaska.   As  part of  that effort,  the city                                                               
received   legal   advice   regarding   federal   statutory   and                                                               
constitutional  restrictions  that apply  to  the  use of  marine                                                               
passenger fees.  He reminded the  committee of Section 445 of the                                                               
Maritime  Transportation Security  Act  of  2002, which  requires                                                               
there to be  a connection between the fee and  the service to the                                                               
vessel, passengers,  and/or crew.   He related  his understanding                                                               
that the  aforementioned was at  least partially  attributable to                                                               
an  Alaska  municipality  considering  a viewing  tax  such  that                                                               
[passengers]  of a  ship passing  by a  community from  which the                                                               
ship received  no services  would be  charged a  fee.   The legal                                                               
advisors  to  Ketchikan  have said  that  Congress  has  inserted                                                               
itself through  that act regarding  what fees can be  charged and                                                               
for what purpose.                                                                                                               
                                                                                                                                
MAYOR  WEINSTEIN   related  that  Ketchikan  owns   and  operates                                                               
substantial  port  facilities  that provide  services  to  cruise                                                               
ships  as  well  as  to   their  passengers  and  crews.    These                                                               
facilities  have  become  increasingly congested  as  the  cruise                                                               
industry has grown.  The  City of Ketchikan has implemented phase                                                               
1 of its  plan to expand port facilities and  improve some of the                                                               
upland facilities  in order to  better provide for the  safety of                                                               
tourists   while  alleviating   the   dangerous  pedestrian   and                                                               
vehicular crowd that  currently occurs when vessels  are in port.                                                               
Last summer,  voters in the City  of Ketchikan approved, by  a 70                                                               
percent margin,  a $38 million revenue  bond to pay for  the port                                                               
and the  related improvements in  phase 1.   The debt  service is                                                               
being  repaid through  the implementation  of a  marine passenger                                                               
fee approved by  the city council.   The fee for 2007  will be $7                                                               
per passenger.   The  City of  Ketchikan obtained  financing from                                                               
the Alaska Bond Bank.  He  said he didn't believe the Alaska Bond                                                               
Bank's  approval would've  been forthcoming  if the  city had  to                                                               
rely on the  legislature for annual appropriations  rather than a                                                               
reasonably  guaranteed revenue  stream.   The aforementioned  was                                                               
confirmed in  discussions with the  Alaska Bond  Bank's financial                                                               
advisor  yesterday who  said that  a pledge  of ongoing  revenues                                                               
from something such as a marine  passenger fee assessed by a port                                                               
is superior to a pledge subject to annual appropriation.                                                                        
                                                                                                                                
MAYOR  WEINSTEIN related  that  the current  $5  limit per  port,                                                               
which he characterized  as arbitrary, for up to  five ports, will                                                               
direct  an average  of  only $18  of the  $50  collected for  the                                                               
communities impacted by the cruise  ships.  The aforementioned is                                                               
based  on the  fact that  cruise ships  visit an  average of  3.5                                                               
ports  per  cruise  rather  than  5  ports  per  cruise.    Mayor                                                               
Weinstein opined  that the aforementioned  isn't enough  money to                                                               
meet the  needs of directly  impacted communities.   Furthermore,                                                               
in  the  present formula  none  of  the  state  fee goes  to  the                                                               
municipalities  that operate  the ports  of Ketchikan  and Juneau                                                               
since both communities  have port fees that are  equal or greater                                                               
than $5.   Therefore,  the amount  referenced earlier  is further                                                               
reduced and  places them at competitive  disadvantage because the                                                               
local fee  is on  top of  the state's $50  fee, which  results in                                                               
visitors to  Ketchikan and  Juneau paying  more than  visitors in                                                               
other communities.   In conclusion,  Mayor Weinstein  related his                                                               
support  of  HB 222,  which  he  viewed  as consistent  with  the                                                               
initiative,  federal requirements,  and  requirements of  lenders                                                               
willing to fund port projects.                                                                                                  
                                                                                                                                
9:32:38 AM                                                                                                                    
                                                                                                                                
CHIP THOMA began  by noting that he is a  supporter of the cruise                                                               
ship  initiative and  worked on  it,  although he  isn't paid  by                                                               
anyone  involved  in the  initiative  nor  does  he work  in  the                                                               
tourism industry or against it.  Mr. Thoma then paraphrased from                                                                
the following written remarks [original punctuation provided]:                                                                  
                                                                                                                                
     HB 222 would have a  negative impact on the finances of                                                                    
     the State of  Alaska.  Importantly, the  bill would not                                                                  
     help  municipalities cope  with hosting  the 1  million                                                                    
     cruise  passengers  coming to  Alaska  each  year in  a                                                                    
     compressed, 5 month season, May through September.                                                                         
                                                                                                                                
     The  proposed 'credit'  that a  cruise passenger  would                                                                    
     receive  under HB  222 will  never benefit  that actual                                                                    
     passenger.   In reality, this  is a tax  rebate program                                                                  
     that returns new state revenues  directly to the cruise                                                                    
     companies in  Miami.  For  that reason alone,  I oppose                                                                    
     HB 222.                                                                                                                    
                                                                                                                                
     Also, HB 222 is not good  public policy.  It will again                                                                    
     encourage  competition  between  port  towns  to  curry                                                                    
     industry  favor  on  ship  taxes,  rather  than  making                                                                    
     sound,    community-based   decisions    on   long-term                                                                    
     improvements   to   waterfronts.     Local   waterfront                                                                    
     activities are  the heart  and soul  of each  town, and                                                                    
     those  uses and  improvements  should  be made  without                                                                  
     undue  cruise   influence  over  summer  taxes.     The                                                                  
     initiative   ends  the   practice   of  comparing   and                                                                    
     selecting communities based on the local tax climate.                                                                      
                                                                                                                                
     Instead, the  cruise initiative is an  opt-in, revenue-                                                                  
     sharing  program of  choice  for local  municipalities.                                                                  
     In  the  years ahead,  there  could  be smaller  cruise                                                                    
     ports in the state that  will benefit, such as Cordova,                                                                    
     Valdez  and  Kodiak,  because  the  cruise  demand  and                                                                    
     market are  certainly there.   Other cruise  ports that                                                                    
     also  benefit from  the initiative  are those  that now                                                                    
     have  private   cruise  docks,  such  as   Skagway  and                                                                    
     Whittier.                                                                                                                  
                                                                                                                                
     In these latter  two ports, dock owners  charge ships a                                                                    
     private passenger  fee for using  their property.   The                                                                    
     new state  fees would allow cruise  ports without local                                                                    
     head  taxes to  make  extensive  improvements to  their                                                                    
     adjacent  city docks  and harbor  lands used  by cruise                                                                    
     passengers when  they visit.   This is  a plus  for all                                                                    
     cruise ports.                                                                                                              
                                                                                                                                
     As the  initiative was written, each  community has the                                                                  
     choice when to  opt-in or opt-out.  They  can choose to                                                                  
     have  the  state  collect  and  distribute  the  cruise                                                                    
     taxes, or  charge and bond  for municipal  cruise docks                                                                    
     and  improvements with  local passenger  fees, such  as                                                                    
     Ketchikan and Juneau do.                                                                                                   
                                                                                                                                
     Juneau is  the best  example of  a port  community that                                                                    
     has  defined  the uses  and  parameters  of the  cruise                                                                    
     passenger  fee, as  those relate  to the  2002 Maritime                                                                    
     Security Act.   That  federal law says  that reasonable                                                                    
     passenger  fees  can  be  spent  on  cruise  docks  and                                                                    
     adjacent  access  areas  for  the  safe  and  efficient                                                                    
     movement of passengers  and cargo.  I refer  you to the                                                                    
     opinions  issued by  Juneau Borough  attorney Corso  in                                                                    
     2003  and by  Juneau  Borough attorney  Hartle in  2005                                                                    
     (attached) [included in the committee packet].                                                                             
                                                                                                                                
     To paraphrase  Abraham Lincoln, you can't  fool all the                                                                    
     people  all  of  the  time.     81,000  Alaskans  voted                                                                    
     correctly  on the  cruise initiative.    The knew  what                                                                    
     they were voting for:                                                                                                      
        · Clean cruise ships, verified clean by Ocean                                                                           
          Rangers;                                                                                                              
       · Fair state taxes spent on cruise infrastructure;                                                                       
       · Consumer protection for cruise passengers; and a                                                                       
        · Level playing field for Alaska businesses that                                                                        
          want summer cruise customers.                                                                                         
                                                                                                                                
     The cruise  lines in Alaska are  a multi-billion dollar                                                                    
     industry  that  overwhelms   coastal  towns  throughout                                                                    
     Alaska each  summer.  It is  time that the state  had a                                                                    
     fair tax  regime that provides  new funds for  the huge                                                                  
     cruise infrastructure costs needed in the years ahead.                                                                     
                                                                                                                                
MR.  THOMA related  that Juneau  envisions  spending $40  million                                                               
just  for security  reasons as  two large  finger docks  from the                                                               
main dock  must be constructed  in order  to block any  access to                                                               
cruise ships.  Juneau plans to  bond for that with its local head                                                               
tax, but other  communities should have the  funds available from                                                               
the initiative to pay for  the projects out-of-pocket through the                                                               
appropriation process.                                                                                                          
                                                                                                                                
     In  my estimation,  the  simplest  and most  courageous                                                                    
     action by an Alaska Governor  was taken by Jay Hammond,                                                                    
     defining  the  ground  rules   for  doing  business  in                                                                    
     Alaska:                                                                                                                    
        · Industry pays its own way, without subsidy;                                                                           
        · Industry does not pollute; and,                                                                                       
       · All industries pay a fair share in state taxes.                                                                        
                                                                                                                                
     That's why it is  deeply offensive that a multi-billion                                                                    
     dollar industry  that is  loosely regulated  and poorly                                                                    
     controlled  sends delegations  of folks  from Miami  to                                                                    
     Alaska to  repeal state law,  as just enacted  by state                                                                    
     voters.   The ink  was not even  dry on  the initiative                                                                    
     results before an all-out  repeal effort has transpired                                                                    
     on  every  section  of the  2006  initiative.    Please                                                                    
     reject HB  222 as  a repeal  of the  cruise initiative.                                                                    
     Thank you.                                                                                                                 
                                                                                                                                
MR. THOMA  highlighted that  the August  2006 voter  pamphlet has                                                               
extensive  discussion  of  the  taxes on  pages  12-14  and  also                                                               
contains  statements   in  opposition  to  and   support  of  the                                                               
initiative.   He  offered to  provide the  voter pamphlet  to the                                                               
committee.                                                                                                                      
                                                                                                                                
9:37:36 AM                                                                                                                    
                                                                                                                                
MR.  THOMA then  informed the  committee  that there  won't be  a                                                               
compounded growth rate  in cruise ship tourism  because towns are                                                               
at  maximum capacity.    Therefore, the  15  percent growth  rate                                                               
experienced in  the past  has shrunk  to 10  to 5  percent; still                                                               
35,000-50,000 more  people come  to Alaska each  year.   He noted                                                               
that Juneau  and Ketchikan bond  for large projects as  they have                                                               
to ability to do so.                                                                                                            
                                                                                                                                
9:38:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  asked  if  Mr. Thoma  believes  that  the                                                               
81,000 voters who  voted on the initiative thought  all the funds                                                               
collected from the $50 fee should only  go to ports of call or to                                                               
the general fund to be spread evenly amongst all communities                                                                    
                                                                                                                                
MR. THOMA  said that the  aforementioned was rarely  discussed in                                                               
the campaign  literature by either  those opposing  or supporting                                                               
the  initiative.    However,  he recalled  that  there  was  some                                                               
discussion on talk  radio in Anchorage regarding  that some funds                                                               
could be  available for the  Alaska Railroad  Corporation because                                                               
of the  use of the railroad  to haul cruise ship  passengers.  He                                                               
related his  understanding that Talkeetna could  possibly use the                                                               
funds because there is a demonstrable  use of that area by cruise                                                               
ship passengers.   In further response  to Representative Neuman,                                                               
Mr. Thoma  opined that  the initiative was  clear that  the funds                                                               
collected could only be used for ports of call and for the                                                                      
cruise ship infrastructure.                                                                                                     
                                                                                                                                
9:40:43 AM                                                                                                                    
                                                                                                                                
MR. THOMA, in response to Representative Neuman, clarified that                                                                 
he doesn't support HB 222.                                                                                                      
                                                                                                                                
9:40:55 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH, upon determining no one else wished to                                                                     
testify, closed public testimony.                                                                                               
                                                                                                                                
9:41:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN commented that he isn't comfortable with                                                                  
HB 222 at this point.                                                                                                           
                                                                                                                                
REPRESENTATIVE CISSNA noted her agreement.                                                                                      
                                                                                                                                
CO-CHAIR LEDOUX said that she is very uncomfortable with HB 222.                                                                
                                                                                                                                
REPRESENTATIVE SALMON stated his agreement with Co-Chair LeDoux.                                                                
                                                                                                                                
[HB 222 was held over.]                                                                                                         
                                                                                                                                
9:41:50 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Community and Regional Affairs Standing Committee meeting was                                                                   
adjourned at 9:41:51 AM.                                                                                                      

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