Legislature(2007 - 2008)CAPITOL 106

02/05/2008 11:00 AM House ECONOMIC DEV., TRADE, AND TOURISM


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11:10:32 AM Start
11:10:59 AM Presentation: Department of Revenue Update on the Commercial Passenger Vessel Tax Program
12:01:53 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Dept. of Revenue: TELECONFERENCED
Update on the Commercial Passenger
Vessel Tax Program
                    ALASKA STATE LEGISLATURE                                                                                  
 HOUSE SPECIAL COMMITTEE ON ECONOMIC DEVELOPMENT, INTERNATIONAL                                                               
                       TRADE AND TOURISM                                                                                      
                        February 5, 2008                                                                                        
                           11:10 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mark Neuman, Chair                                                                                               
Representative Carl Gatto                                                                                                       
Representative Kyle Johansen                                                                                                    
Representative Mike Doogan                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Wes Keller                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Andrea Doll                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
PRESENTATION:  DEPARTMENT OF REVENUE UPDATE ON THE COMMERCIAL                                                                   
PASSENGER VESSEL TAX PROGRAM                                                                                                    
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to report                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOHANNA BALES, Deputy Director                                                                                                  
Tax Division                                                                                                                    
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented the Update on the Commercial                                                                   
Passenger Vessel Tax Program on behalf of the Department of                                                                     
Revenue (DOR).                                                                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR MARK NEUMAN called the  House Special Committee on Economic                                                             
Development, International Trade And  Tourism meeting to order at                                                               
11:10:32 AM.   Representatives Gatto,  Johansen, and  Neuman were                                                             
present at the  call to order.  Representative  Doogan arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
^Presentation:   Department Of Revenue  Update On  The Commercial                                                             
Passenger Vessel Tax Program                                                                                                  
                                                                                                                                
11:10:59 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN announced  that the only order of  business would be                                                               
an  update  from the  Department  of  Revenue on  the  Commercial                                                               
Passenger Vessel Tax Program.                                                                                                   
                                                                                                                                
11:11:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN voiced  the need to clarify  this tax for                                                               
his constituents.                                                                                                               
                                                                                                                                
11:12:30 AM                                                                                                                   
                                                                                                                                
JOHANNA  BALES,  Deputy  Director, Tax  Division,  Department  of                                                               
Revenue,  informed   the  committee  that  the   2006  Commercial                                                               
Passenger  Vessel Tax  Program  initiative  held several  revenue                                                               
provisions.  One  of the revenue provisions was a  $46 excise tax                                                               
on passengers on large cruise ships  with over 250 berths.  Other                                                               
revenue provisions of  the initiative are: a tax, at  the rate of                                                               
33 percent  of adjusted gross  income, on gambling  activities in                                                               
state waters;  an Alaska corporate net  income tax; and a  $4 per                                                               
passenger  Ocean  Ranger  fee  collected  by  the  Department  of                                                               
Environmental Conservation.                                                                                                     
                                                                                                                                
11:13:53 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  asked whether the  berth count of  a cruise                                                               
ship includes berths for the crew.                                                                                              
                                                                                                                                
11:14:12 AM                                                                                                                   
                                                                                                                                
MS. BALES answered that only passenger berths are included.                                                                     
                                                                                                                                
11:14:26 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  questioned the  use of berths,  rather than                                                               
the number of passengers, to determine the size of the ship.                                                                    
                                                                                                                                
MS. BALES clarified that the  term used is "passenger berths" and                                                               
it does not include crew quarters.                                                                                              
                                                                                                                                
11:14:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DOOGAN asked whether the  $4 Ocean Ranger fee only                                                               
applies to vessels of over 250 passenger berths.                                                                                
                                                                                                                                
11:15:11 AM                                                                                                                   
                                                                                                                                
MS. BALES said yes.                                                                                                             
                                                                                                                                
11:15:22 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DOOGAN further  asked  whether  the gambling  tax                                                               
applied to all vessels.                                                                                                         
                                                                                                                                
11:15:32 AM                                                                                                                   
                                                                                                                                
MS. BALES  responded that the  assessment of the gambling  tax is                                                               
determined by federal  law that requires that a  cruise ship must                                                               
have  overnight  accommodations  for  all of  its  passengers  to                                                               
qualify.                                                                                                                        
                                                                                                                                
11:15:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DOOGAN then  asked whether all of  the cruise ship                                                               
companies  are  required  to pay  Alaska  corporate  income  tax,                                                               
without regard to the size of the ship.                                                                                         
                                                                                                                                
11:16:06 AM                                                                                                                   
                                                                                                                                
MS. BALES indicated yes.  She  then continued to explain that the                                                               
other  provisions   of  the  initiative:  requires   cruise  ship                                                               
operators  to  report   more  information  regarding  wastewater;                                                               
authorizes citizen  lawsuits against  an owner  or operator  of a                                                               
large cruise ship;  enables a person who  provides information to                                                               
receive 25  percent to 50  percent of fines imposed;  and imposes                                                               
additional requirements  on disclosures about  on-ship promotions                                                               
of shore-side businesses.                                                                                                       
                                                                                                                                
11:17:04 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO gave  an example of 25  people reporting the                                                               
same violation  and asked who would  get the 25 to  50 percent of                                                               
the fines imposed.                                                                                                              
                                                                                                                                
11:17:34 AM                                                                                                                   
                                                                                                                                
MS. BALES acknowledged  that her description of  the provision is                                                               
not  the exact  wording of  the law  and referred  Representative                                                               
Gatto's  question  to  the  Department   of  Law.    She  further                                                               
explained that the common term "$50  head tax" comes from the $46                                                               
excise tax plus the $4 fee for the Ocean Rangers.                                                                               
                                                                                                                                
11:18:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DOOGAN  asked for the specific  language regarding                                                               
the amount of the Ocean Ranger fee.                                                                                             
                                                                                                                                
11:18:44 AM                                                                                                                   
                                                                                                                                
MS. BALES  stated that there  are separate titles for  these fees                                                               
in the Alaska statutes.                                                                                                         
                                                                                                                                
11:18:53 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  asked whether  the $4  fee is  assessed per                                                               
person or per berth.                                                                                                            
                                                                                                                                
11:19:08 AM                                                                                                                   
                                                                                                                                
MS. BALES  said that  the language  in the  initiative is  $4 per                                                               
berth; however, she  expressed her understanding that  the fee is                                                               
being collected per person.                                                                                                     
                                                                                                                                
11:19:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  suggested that  a vessel could  travel with                                                               
empty berths.                                                                                                                   
                                                                                                                                
11:19:32 AM                                                                                                                   
                                                                                                                                
MS.  BALES opined  that the  fee  is being  assessed per  person,                                                               
although the  language states  per berth.   She pointed  out that                                                               
the Department  of Revenue (DOR) administers,  and is responsible                                                               
for; the corporate income tax,  the cruise ship gambling tax, and                                                               
the  excise  tax.   The  DOR  must  also  disburse the  funds  as                                                               
directed by the legislature and draft regulations, if necessary.                                                                
                                                                                                                                
11:20:51 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN asked  whether there are restrictions  on the manner                                                               
in which the head tax funds can be spent.                                                                                       
                                                                                                                                
11:20:59 AM                                                                                                                   
                                                                                                                                
MS. BALES noted that this subject  will be discussed later in her                                                               
presentation.   She  then related  the history  of the  corporate                                                               
income  tax  and  reminded the  committee  that  the  legislature                                                               
enacted an exemption for water  transportation companies in 2000.                                                               
The  initiative  repealed  the  exemption  for  the  cruise  ship                                                               
industry, and the  revenue from the corporate income  tax will be                                                               
deposited in the  general fund.  The first tax  returns from this                                                               
industry are due in  April of 2008, but the DOR  does not have an                                                               
estimate of  what the revenue  will be,  given that there  was no                                                               
history of payment.                                                                                                             
                                                                                                                                
11:23:29 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  when the  corporate  income  tax                                                               
returns will be processed.                                                                                                      
                                                                                                                                
11:23:43 AM                                                                                                                   
                                                                                                                                
MS. BALES stated that the tax  returns are due April 15; however,                                                               
tax  payments are  due  March  15, and  the  DOR  should have  an                                                               
estimate of the amount of revenue by the end of March.                                                                          
                                                                                                                                
11:24:25 AM                                                                                                                   
                                                                                                                                
MS. BALES, in response to a  question, re-stated that the DOR can                                                               
make no estimate on these revenues.                                                                                             
                                                                                                                                
11:24:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  asked whether the corporate  income tax was                                                               
based on Alaskan operations only, or on the entire voyage.                                                                      
                                                                                                                                
11:24:56 AM                                                                                                                   
                                                                                                                                
MS. BALES answered  that the corporate income tax is  based on an                                                               
apportionment formula.  All corporations,  other than oil and gas                                                               
corporations, must  calculate the  formula based on  the "water's                                                               
edge"  allowance,  that  looks  at all  of  the  companies  doing                                                               
business in the U.S. and  apportions a certain amount of activity                                                               
to Alaska.                                                                                                                      
                                                                                                                                
11:25:43 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GATTO asked  whether the  DOR intends  to collect                                                               
retroactive corporate income taxes.                                                                                             
                                                                                                                                
11:26:03 AM                                                                                                                   
                                                                                                                                
MS. BALES  stated that  there was no  retroactivity in  the bill;                                                               
therefore, no tax was due.                                                                                                      
                                                                                                                                
11:26:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO asked about previous years.                                                                                
                                                                                                                                
11:26:31 AM                                                                                                                   
                                                                                                                                
MS.  BALES  explained  that  this industry  was  not  liable  for                                                               
corporate  income taxes  in  previous years.    She continued  to                                                               
point out that,  unlike the excise tax, there is  no provision in                                                               
the  corporate  income tax  that  requires  revenue sharing  with                                                               
municipalities, thus  the revenue  will go  to the  general fund.                                                               
Also,  the  DOR  drafted  regulations  for  water  transportation                                                               
companies that were  effective October, 2007.   The DOR currently                                                               
has regulations  on the gambling  tax out for public  comment and                                                               
the comment period ends on February 7, 2008.                                                                                    
                                                                                                                                
11:27:38 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN asked for a description of the public response.                                                                    
                                                                                                                                
11:27:52 AM                                                                                                                   
                                                                                                                                
MS.  BALES  advised  that  these regulations  do  not  deal  with                                                               
aspects of  the bill  that affect communities  and there  were no                                                               
public hearings.   She said that no comments  have been received,                                                               
at  this point.   Ms.  Bale continued  with the  presentation and                                                               
noted  that  the  33  percent  gambling tax  is  imposed  on  the                                                               
adjusted  gross  income  from gambling  activities  conducted  in                                                               
state waters.  The adjusted gross  income is defined as the gross                                                               
gambling  proceeds from  which prizes  and federal  and municipal                                                               
taxes  have been  subtracted.   Similar to  the corporate  income                                                               
tax, the  DOR expects  an annual return,  with the  first returns                                                               
due April  15, 2008;  however, the revenue  will be  deposited in                                                               
the Commercial Vessel Passenger Tax Account.                                                                                    
                                                                                                                                
11:30:07 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN asked  whether  there was  a history  of                                                               
gambling tax income.                                                                                                            
                                                                                                                                
11:30:31 AM                                                                                                                   
                                                                                                                                
MS. BALES indicated that there was not.                                                                                         
                                                                                                                                
11:30:43 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN recalled that there  was one year of data                                                               
collected in the 1990s.                                                                                                         
                                                                                                                                
11:31:12 AM                                                                                                                   
                                                                                                                                
MS. BALES expressed  her belief that, due to the  rapid growth of                                                               
the industry,  previous data should  not be used.   She continued                                                               
to explain that the corporate  income tax revenue is deposited in                                                               
the general  fund and  the gambling tax  revenue is  deposited in                                                               
the Commercial  Vessel Passenger  Tax Account established  by the                                                               
initiative.   Turning  to  the  subject of  the  excise tax,  she                                                               
acknowledged   that  there   is  significant   interest  in   the                                                               
regulations  surrounding the  head tax.   The  $46 excise  tax is                                                               
levied  on  the  cruise  ship   passenger,  per  voyage,  and  is                                                               
collected by the  ship owner.  Payment  of the tax is  due to the                                                               
state at the end of each month  following the month of the end of                                                               
the voyage.  A voyage is  defined as a cruise lasting longer than                                                               
72 hours.   Distribution of the tax revenue is  determined by the                                                               
number of passengers at each Alaska  port of call and the ship is                                                               
required to record and report this information.                                                                                 
                                                                                                                                
11:33:29 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DOOGAN surmised  that the  tax is  levied as  the                                                               
ship enters state waters.                                                                                                       
                                                                                                                                
11:33:44 AM                                                                                                                   
                                                                                                                                
MS.  BALES stated  that  the tax  is  levied at  the  end of  the                                                               
voyage.   Generally speaking, however,  the cruise  ship industry                                                               
collects  the tax  at the  beginning of  any cruise  scheduled to                                                               
extend beyond the 72 hour minimum.                                                                                              
                                                                                                                                
11:34:16 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DOOGAN   gave  an   example  of   passengers  not                                                               
completing the voyage.                                                                                                          
                                                                                                                                
MS. BALES confirmed that, if  passengers spent 72 hours on board,                                                               
they  would be  obligated to  pay  the tax.   Further  accounting                                                               
would  be needed  to determine  the revenue  sharing between  the                                                               
ports of  call.   She re-stated  that the  DOR is  responsible to                                                               
account  for the  revenue  and  to disburse  the  proceeds.   The                                                               
initiative  established that  $34.50, or  75 percent  of the  $46                                                               
excise tax is to be  deposited to the Commercial Vessel Passenger                                                               
Tax Account and  $11.50, or 25 percent of the  $46 excise tax, is                                                               
to be deposited to the Regional Cruise Ship Impact Fund.                                                                        
                                                                                                                                
11:35:59 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN asked who established this "break up."                                                                             
                                                                                                                                
11:36:10 AM                                                                                                                   
                                                                                                                                
MS.  BALES said  that the  sub accounts  were established  by the                                                               
initiative.  She  then indicated that a total  of $46,471,270 was                                                               
collected by the DOR during the  cruise ship season in 2007, from                                                               
1,010,245 million passengers.                                                                                                   
                                                                                                                                
11:36:43 AM                                                                                                                   
                                                                                                                                
CHAIR  NEUMAN  confirmed that  the  head  tax revenue  was  $46.4                                                               
million to the general fund.                                                                                                    
                                                                                                                                
11:37:07 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN asked  where  the  gambling tax  revenue                                                               
would be deposited.                                                                                                             
                                                                                                                                
11:37:11 AM                                                                                                                   
                                                                                                                                
MS. BALES said  that the gambling tax revenue  would be deposited                                                               
in the Commercial Vessel Passenger Tax Account.                                                                                 
                                                                                                                                
11:37:13 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN asked  whether there are specific  benefits from the                                                               
fund  to go  to  communities  that are  impacted  by cruise  ship                                                               
visitors.                                                                                                                       
                                                                                                                                
11:37:58 AM                                                                                                                   
                                                                                                                                
MS. BALES  said yes.   However,  she stated  that there  are some                                                               
restrictions for communities that  have their own passenger fees.                                                               
First, she  informed the committee that,  through the initiative,                                                               
the disbursement  of the Commercial Vessel  Passenger Tax Account                                                               
is  under  the "first  five  ports  of  call  rule."   Funds  not                                                               
distributed  remain in  this account,  with the  addition of  the                                                               
gambling  tax revenue,  and  the     legislature may  appropriate                                                               
money  from  this  account  for   "state-owned  port  and  harbor                                                               
facilities,  other services  to  properly provide  for vessel  or                                                               
watercraft  visits,  to  enhance  the safety  and  efficiency  of                                                               
interstate and foreign commerce and such other lawful purposes."                                                                
                                                                                                                                
11:39:36 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  whether  this  authorization  is                                                               
found in state statute.                                                                                                         
                                                                                                                                
11:39:52 AM                                                                                                                   
                                                                                                                                
MS.  BALES said  this language  is  found in  state statute  A.S.                                                               
43.52.                                                                                                                          
                                                                                                                                
11:40:09 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN  further  asked  whether  this  language                                                               
comports with the Maritime Transportation Security Act of 2002.                                                                 
                                                                                                                                
11:40:13 AM                                                                                                                   
                                                                                                                                
MS. BALES  expressed her understanding  that the drafters  of the                                                               
initiative  intended for  the language  to coincide  with federal                                                               
law.                                                                                                                            
                                                                                                                                
11:40:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN remarked:                                                                                               
                                                                                                                                
     To  quote the  [Public Law]  107-295, "reasonable  fees                                                                    
     charged on  a fair  and equitable  basis that  are used                                                                    
     solely to  pay the cost of  a service to the  vessel or                                                                    
     watercraft",  a, that  seems pretty,  pretty, specific,                                                                    
     more  specific than  the initiative  language.   And  I                                                                    
     know there  is some difficulty, from  your perspective,                                                                    
     since Revenue  doesn't distribute, they collect.   This                                                                    
     may not be  your bailiwick, but, at  some point, that's                                                                    
     a question that we're going  to have to wrestle with, I                                                                    
     think.                                                                                                                     
                                                                                                                                
11:41:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DOOGAN surmised that  the revenue from each voyage                                                               
is distributed to the first five ports of call of that voyage.                                                                  
                                                                                                                                
11:42:03 AM                                                                                                                   
                                                                                                                                
MS.  BALES said,  " ...  basically that's  what happens  when the                                                               
distribution is made."                                                                                                          
                                                                                                                                
11:42:15 AM                                                                                                                   
                                                                                                                                
CHAIR  NEUMAN asked  what happens  if the  ship only  makes three                                                               
ports of call.                                                                                                                  
                                                                                                                                
11:42:33 AM                                                                                                                   
                                                                                                                                
MS. BALES  explained that the  three ports of call  would receive                                                               
$5 per  passenger, and the  remainder of  the fees would  stay in                                                               
the account.                                                                                                                    
                                                                                                                                
11:42:46 AM                                                                                                                   
                                                                                                                                
CHAIR  NEUMAN further  asked about  benefits  to the  communities                                                               
affected  by the  tourist  traffic that  continues  by bus  after                                                               
leaving the ship.                                                                                                               
                                                                                                                                
11:43:03 AM                                                                                                                   
                                                                                                                                
MS. BALES  stated that benefits  for those communities  come from                                                               
the Regional Cruise Ship Impact Fund.                                                                                           
                                                                                                                                
11:43:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN opined  that this is the  question of the                                                               
language  in  the  initiative and  [difference]  in  the  federal                                                               
language.   The issue  of where  this money can  be spent  is for                                                               
another day.                                                                                                                    
                                                                                                                                
11:43:37 AM                                                                                                                   
                                                                                                                                
MS. BALES pointed out that  the expectation of the initiative was                                                               
that,  after the  collection of  $5  from each  passenger at  the                                                               
first five  ports of call,  $25, or over  half of the  $46 excise                                                               
tax,  would be  paid to  those port  communities.   However, most                                                               
voyages  visit three  ports, and  with the  adjustment for  ports                                                               
that  have   a  passenger  tax,   the  DOR  estimates   that  the                                                               
disbursement to  the first five ports  of call will be  about $10                                                               
million per year.   She clarified that a port of  call must be in                                                               
a municipality  or borough, must  be a location  where passengers                                                               
embark or disembark, and can not have its own passenger fee.                                                                    
                                                                                                                                
11:45:00 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  pointed out  that the  initiative splits                                                               
the $5 if a  city is within a borough.   In the Ketchikan Gateway                                                               
Borough there  are two cities,  Saxman and Ketchikan.   Saxman is                                                               
heavily  impacted by  tourism and  he asked  whether the  DOR has                                                               
looked at this situation.                                                                                                       
                                                                                                                                
11:46:15 AM                                                                                                                   
                                                                                                                                
MS.  BALES said  that the  DOR looks  at the  location where  the                                                               
cruise  ship docks.    Therefore, disbursement  was  made to  the                                                               
Ketchikan  Gateway Borough.   The  intent of  the initiative  was                                                               
that funds to Saxman would  be available from the Regional Cruise                                                               
Ship Impact Fund.                                                                                                               
                                                                                                                                
11:47:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  asked whether Saxman generates  income from                                                               
being part of the Ketchikan Gateway Borough.                                                                                    
                                                                                                                                
11:47:36 AM                                                                                                                   
                                                                                                                                
MS.  BALES   stressed  that  the  initiative   directs  that  the                                                               
communities  that receive  money must  use the  money to  enhance                                                               
cruise  ship tourism.    She opined  that  the Ketchikan  Gateway                                                               
Borough could spend  the money in Saxman, as long  as the purpose                                                               
is clear.                                                                                                                       
                                                                                                                                
11:48:02 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN  assumed that  Saxman would be  part of  the tourism                                                               
enhancement program.                                                                                                            
                                                                                                                                
11:48:20 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN  observed  that   the  language  in  the                                                               
initiative is confusing and vague.                                                                                              
                                                                                                                                
11:48:57 AM                                                                                                                   
                                                                                                                                
CHAIR   NEUMAN  acknowledged   that   the   language  in   public                                                               
initiatives often needs to be "ironed out."                                                                                     
                                                                                                                                
11:49:14 AM                                                                                                                   
                                                                                                                                
MS.  BALES continued  to explain  that another  provision of  the                                                               
initiative prohibits a community  from collecting funds from both                                                               
the first  five ports of call  rule and the Regional  Cruise Ship                                                               
Impact Fund.   She  then listed the  FY 2008  disbursements under                                                               
the first five ports of call  rule that totaled $744,580.00.  Ms.                                                               
Bales  also provided  an estimate  of the  FY 2009  disbursements                                                               
under  the first  five  ports of  call rule  and  noted that  the                                                               
disbursement is subject to appropriation by the legislature.                                                                    
                                                                                                                                
11:51:42 AM                                                                                                                   
                                                                                                                                
CHAIR  NEUMAN asked  whether there  were recommendations  on this                                                               
money in the governor's capital budget.                                                                                         
                                                                                                                                
11:51:53 AM                                                                                                                   
                                                                                                                                
MS. BALES  said no.   All  funds are appropriated  to the  DOR to                                                               
disburse in accordance with the initiative.                                                                                     
                                                                                                                                
11:52:02 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  asked whether it is  common practice for                                                               
the DOR to disburse funds.                                                                                                      
                                                                                                                                
11:52:26 AM                                                                                                                   
                                                                                                                                
MS. BALES said  that the DOR disburses funds at  the direction of                                                               
the  legislature; however,  it  does not  have  the expertise  to                                                               
determine what projects should be funded.                                                                                       
                                                                                                                                
11:52:42 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN further  asked  whether  there has  been                                                               
discussion  at the  cabinet level  about the  plan to  distribute                                                               
this money.                                                                                                                     
                                                                                                                                
11:52:51 AM                                                                                                                   
                                                                                                                                
MS.  BALES related  that  she and  others at  the  DOR talked  to                                                               
authorities  in  Juneau  and Ketchikan  about  how  those  cities                                                               
distribute  their passenger  fees.   In fact,  Juneau's procedure                                                               
may  be outside  of  the narrow  interpretation  of federal  law.                                                               
However,  Juneau includes  a  high level  of  involvement by  the                                                               
cruise ship  industry through a  city ordinance.  Ms.  Bales then                                                               
listed the  remaining account balances  for the 2007  cruise ship                                                               
season.    There  is  $36.4   million  available  for  additional                                                               
projects outside of sharing with communities.                                                                                   
                                                                                                                                
11:55:11 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE DOOGAN  asked for clarification on  the balance of                                                               
the first five ports of call account.                                                                                           
                                                                                                                                
11:55:35 AM                                                                                                                   
                                                                                                                                
MS. BALES stated  that the entire amount of the  first five ports                                                               
of call  account will  be disbursed.   She  pointed out  that the                                                               
remaining  $24.8  million,  in   addition  to  the  gambling  tax                                                               
revenues, is  available for  appropriation.   This amount  is not                                                               
shared with  the ports of call  and can be used  "for state-owned                                                               
port and  harbor facilities, other  services to  properly provide                                                               
for  vessel  or  watercraft  visit, to  enhance  the  safety  and                                                               
efficiency  of interstate  and foreign  commerce  and such  other                                                               
lawful  purposes."   Ms. Bales  expressed the  DOR's belief  that                                                               
funds can  be used  for state  projects in  specific communities;                                                               
however, the DOR is not  tasked with drafting regulations for the                                                               
use of these  funds and will not be  drafting regulations dealing                                                               
with this remaining account.                                                                                                    
                                                                                                                                
11:57:07 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN asked whether  a city that receives money                                                               
under the  first five ports of  call rule is eligible  to receive                                                               
money from this account.                                                                                                        
                                                                                                                                
11:57:22 AM                                                                                                                   
                                                                                                                                
MS. BALES said yes.                                                                                                             
                                                                                                                                
11:57:27 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  opined that  the $9.2 million  available to                                                               
disburse in FY 2009 is about a million short.                                                                                   
                                                                                                                                
11:57:57 AM                                                                                                                   
                                                                                                                                
MS.  BALES  explained  that  the   DOR  has  already  distributed                                                               
$744,000.                                                                                                                       
                                                                                                                                
11:58:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GATTO asked  whether a  port of  call requires  a                                                               
visit.                                                                                                                          
                                                                                                                                
11:58:29 AM                                                                                                                   
                                                                                                                                
MS.  BALES said  the  draft  regulations require  a  visit for  a                                                               
community to qualify as a port  of call.  She concluded by saying                                                               
that there  is $11.6 million  in the Regional Cruise  Ship Impact                                                               
Fund and  disbursements must be appropriated  by the legislature.                                                               
In  addition,  funds can  only  go  to municipalities  and  other                                                               
governmental entities impacted by  cruise ship activity and funds                                                               
can not go to communities  receiving revenue under the first five                                                               
ports of call rule.                                                                                                             
                                                                                                                                
11:59:27 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN  expressed his desire  to study the report  in light                                                               
of the overall budget.                                                                                                          
                                                                                                                                
11:59:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  observed that the  DOR is tasked  by the                                                               
initiative to  disburse [funds], which  is not something  that it                                                               
does.   He expressed  his concern that  the legislative  body may                                                               
not pass  legislation to direct  the disbursement of  these funds                                                               
and  suggested   that  there  should  be   project  rankings  and                                                               
structure  from the  administration in  order to  get this  money                                                               
back to the communities.                                                                                                        
                                                                                                                                
12:01:40 PM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN agreed.                                                                                                            
                                                                                                                                
12:01:53 PM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Economic Development,  International Trade                                                               
and Tourism meeting was adjourned at 12:02 p.m.                                                                                 
                                                                                                                                

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