Legislature(2007 - 2008)BUTROVICH 205

05/12/2007 05:15 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
05:26:25 PM Start
05:30:16 PM SB168
06:48:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
= SB 168 PASSENGER VESSEL TAX CREDIT
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                          May 12, 2007                                                                                          
                           5:26 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski                                                                                                       
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Charlie Huggins, Vice Chair                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 168                                                                                                             
"An Act providing  a credit for the payment  of certain municipal                                                               
passenger taxes or  fees against the excise tax  on travel aboard                                                               
commercial  passenger vessels;  and  providing  for an  effective                                                               
date."                                                                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 168                                                                                                                  
SHORT TITLE: PASSENGER VESSEL TAX CREDIT                                                                                        
SPONSOR(s): FINANCE                                                                                                             
                                                                                                                                
05/02/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/02/07       (S)       FIN                                                                                                    
05/04/07       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
05/04/07       (S)       Heard & Held                                                                                           
05/04/07       (S)       MINUTE(FIN)                                                                                            
05/07/07       (S)       FIN RPT  2DP 5NR                                                                                       
05/07/07       (S)       DP: STEDMAN, ELTON                                                                                     
05/07/07       (S)       NR: HOFFMAN, THOMAS, DYSON, HUGGINS,                                                                   
                         OLSON                                                                                                  
05/07/07       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
05/07/07       (S)       Moved SB 168 Out of Committee                                                                          
05/07/07       (S)       MINUTE(FIN)                                                                                            
05/09/07       (S)       JUD REFERRAL ADDED                                                                                     
05/12/07       (S)       JUD AT 2:00 PM BUTROVICH 205                                                                           
05/12/07       (S)       JUD AT 5:15 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Miles Baker, Staff                                                                                                              
Senate Finance Committee                                                                                                        
Alaska Capitol Building                                                                                                         
POSITION STATEMENT: Presented SB 168                                                                                          
                                                                                                                                
Chip Thoma                                                                                                                      
Juneau, AK                                                                                                                      
POSITION STATEMENT: In opposition to SB 168                                                                                   
                                                                                                                                
Jerry Burnett, Director                                                                                                         
Administrative Services Division                                                                                                
Department of Revenue                                                                                                           
Juneau, AK                                                                                                                      
POSITION STATEMENT: In opposition to SB 168                                                                                   
                                                                                                                                
Bruce Botelho, Mayor                                                                                                            
City & Borough of Juneau                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Commented on SB 168                                                                                       
                                                                                                                                
Mike Barnhill, Assistant Attorney General                                                                                       
Civil Division                                                                                                                  
Labor and State Affairs Section                                                                                                 
Department of Law                                                                                                               
Juneau, AK                                                                                                                      
POSITION STATEMENT: Available for questions on SB 168                                                                         
                                                                                                                                
Alan Sorum, City Manager                                                                                                        
City of Skagway                                                                                                                 
Skagway, AK                                                                                                                     
POSITION STATEMENT: In support of SB 168                                                                                      
                                                                                                                                
Bob Weinstein, Mayor                                                                                                            
City of Ketchikan                                                                                                               
Ketchikan, AK                                                                                                                   
POSITION STATEMENT: In support of SB 168                                                                                      
                                                                                                                                
Tom Dow                                                                                                                         
Carnival Corporation                                                                                                            
POSITION STATEMENT: Available for questions on SB 168                                                                         
                                                                                                                                
Vanta Shafer, Mayor                                                                                                             
City of Seward                                                                                                                  
POSITION STATEMENT: In support of SB 168                                                                                      
                                                                                                                                
Gershon Cohen                                                                                                                   
Haines, AK                                                                                                                      
POSITION STATEMENT: In opposition to SB 168                                                                                   
                                                                                                                                
Joe Geldhof                                                                                                                     
Juneau, AK                                                                                                                      
POSITION STATEMENT: In opposition to SB 168                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to order at 5:26:25  PM. Present at the call to                                                             
order were Senators Therriault,  McGuire, Wielechowski, and Chair                                                               
French.                                                                                                                         
                                                                                                                                
               SB 168-PASSENGER VESSEL TAX CREDIT                                                                           
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 168.                                                                             
                                                                                                                                
MILES BAKER,  Staff to the  Senate Finance Committee,  sponsor of                                                               
SB 168, said that the bill  was introduced to address a perceived                                                               
issue with  the $50 passenger  excise tax imposed on  cruise ship                                                               
passengers. The tax is attached to  the price of the ticket; four                                                               
dollars  are  required   to  go  to  the   Department  of  Marine                                                               
Conservation and 25  percent of the balance goes  to the Regional                                                               
Cruise Ship Impact Fund; SB  168 addresses the remainder which is                                                               
supposed  to  be  distributed  to   ports  of  call.  Juneau  and                                                               
Ketchikan are the  two most visited ports and  already levy local                                                               
municipal taxes on  passengers; the tax revenue has  been used to                                                               
secure   revenue  bonds   for  port   improvements  and   service                                                               
provision.  The money  can only  be  used for  boat or  passenger                                                               
support  to stay  within federal  law. The  initiative envisioned                                                               
that the  first five ports of  call could claim five  dollars per                                                               
passenger.                                                                                                                      
                                                                                                                                
5:30:16 PM                                                                                                                    
                                                                                                                                
CHAIR FRENCH asked which provision Mr. Baker was referring to.                                                                  
                                                                                                                                
MR. BAKER  replied that he  didn't know the exact  provision, but                                                               
there were  several people in  the audience who could  answer the                                                               
question.                                                                                                                       
                                                                                                                                
He explained  that the sponsors  intended for $25 of  the balance                                                               
to be  allocated to the  first five  ports of call.  Usually only                                                               
three  or four  ports are  visited, so  there may  be money  left                                                               
over;  however, the  initiative  only  addresses the  requirement                                                               
that a municipality  has to give up its local  tax to receive the                                                               
initiative tax. Most of this  money is already secured with bonds                                                               
and can't be given up, so  communities are not eligible to accept                                                               
any of  the head tax  funds. In essence  a passenger is  buying a                                                               
ticket while paying  $50 in addition to the taxes  imposed by the                                                               
municipalities they visit.  The bill will allow  a credit against                                                               
the head tax of up to ten dollars per port for municipal taxes.                                                                 
                                                                                                                                
5:34:29 PM                                                                                                                    
                                                                                                                                
CHIP  THOMA, representing  himself,  said that  he supported  the                                                               
head tax initiative. He explained  that the bill before committee                                                               
would rebate the cruise ship  tax before it's even collected, and                                                               
would   deprive  smaller   Alaskan  ports   of  locally-collected                                                               
funding. Ships  are getting bigger,  more numerous and  need more                                                               
ports of  call; existing ports  are maxed-out. Cruise  ship docks                                                               
need to be built in other parts of the state.                                                                                   
                                                                                                                                
5:36:37 PM                                                                                                                    
                                                                                                                                
CHAIR  FRENCH  asked  if  there  are  no  cruise  ship  docks  in                                                               
Whittier.                                                                                                                       
                                                                                                                                
MR. THOMA replied  that regardless, more docks will  be needed in                                                               
places like Valdez and Kodiak.                                                                                                  
                                                                                                                                
CHAIR FRENCH asked for the total  list of places where ships stop                                                               
in Alaska.                                                                                                                      
                                                                                                                                
MR. THOMA replied  that ships stop in  Ketchikan, Hoonah, Juneau,                                                               
Skagway, Sitka, Whittier, and Seward.                                                                                           
                                                                                                                                
5:37:27 PM                                                                                                                    
                                                                                                                                
MR. THOMA  continued to say  that the  bill will deny  funding to                                                               
smaller  and  future ports  to  build  facilities. Under  current                                                               
statute,  communities can  choose  to be  included  in the  state                                                               
passenger  fee program  or  impose tax  locally;  they can't  and                                                               
shouldn't  do both,  but  SB 168  would  impose a  double-dipping                                                               
program. It  would squeeze out  small competitor ports  that need                                                               
money to expand their services.                                                                                                 
                                                                                                                                
5:39:00 PM                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked where  the remaining  $21 of  the tax                                                               
fees goes.                                                                                                                      
                                                                                                                                
MR. THOMA  replied that half goes  into a regional fund,  and the                                                               
rest remains in the passenger fee fund.                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI asked  what  would happen  if  the bill  is                                                               
passed.                                                                                                                         
                                                                                                                                
MR. THOMA  replied that  the refund  money would  go back  to the                                                               
cruise  companies   which  would   devise  a  way   of  crediting                                                               
passengers.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked  if the five dollars per  port of call                                                               
would  count as  the money  shared with  municipalities cited  in                                                               
statute.                                                                                                                        
                                                                                                                                
MR. THOMA concurred.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI asked if the  law is changed it would change                                                               
the initiative as well.                                                                                                         
                                                                                                                                
MR.  THOMA  replied  that  the  paragraph  in  question  was  the                                                               
explanation  from  the  Department  of  Revenue;  what  would  be                                                               
changing was on another page.                                                                                                   
                                                                                                                                
5:41:28 PM                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  said that  it seems as  if the  changes lay                                                               
out a general scheme of revenue distribution.                                                                                   
                                                                                                                                
MR. THOMA  replied that  it's an  outline; revenues  haven't been                                                               
collected yet. It's up to towns  whether or not they want to keep                                                               
their local taxes.                                                                                                              
                                                                                                                                
He then gave examples of different  towns and the way their taxes                                                               
are  collected.  The bill  is  designed  to help  emerging  ports                                                               
develop their docks.                                                                                                            
                                                                                                                                
5:43:25 PM                                                                                                                    
                                                                                                                                
CHAIR FRENCH  asked if money  is taken from  the head tax  a town                                                               
can't have its own tax.                                                                                                         
                                                                                                                                
MR. THOMA replied that that was  correct. The real effect is that                                                               
Juneau and  Ketchikan can  raise their fees  to total  20 dollars                                                               
off the  top of the  head tax.  He advised that  the improvements                                                               
needed by the Juneau dock be paid for from the state fund.                                                                      
                                                                                                                                
5:44:48 PM                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked if any  money collected  goes outside                                                               
of the ports.                                                                                                                   
                                                                                                                                
MR. THOMA  replied that if  Anchorage wants  to be a  cruise ship                                                               
port it will receive money.                                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI  said  that  there  are  many  cruise  ship                                                               
passengers in Anchorage, but there's no dock.                                                                                   
                                                                                                                                
MR. THOMA replied that one could be built with available funds.                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI said  that if there's a needed  way to break                                                               
up  funding, some  could be  given to  towns that  have a  lot of                                                               
tourist impact like Anchorage.                                                                                                  
                                                                                                                                
MR. THOMA replied that if  Anchorage could demonstrate impact, it                                                               
would get funding.                                                                                                              
                                                                                                                                
5:46:10 PM                                                                                                                    
                                                                                                                                
CHAIR FRENCH said that he  could imagine people saying that money                                                               
should be used solely to pay vessel-related costs.                                                                              
                                                                                                                                
MR. THOMA replied that services also include accrued uses.                                                                      
                                                                                                                                
5:46:46 PM                                                                                                                    
                                                                                                                                
SENATOR McGUIRE said  that the initiative allows  for funding for                                                               
public  safety  costs,  agreed  that  Anchorage  is  impacted  by                                                               
visitors, and wondered if the impact has ever been measured.                                                                    
                                                                                                                                
MR. THOMA replied that Juneau pays  for services but the cost has                                                               
never been tested.                                                                                                              
                                                                                                                                
5:48:00 PM                                                                                                                    
                                                                                                                                
JERRY  BURNETT,   Director,  Administrative   Services  Division,                                                               
Department of  Revenue (DOR), said  that the DOR  doesn't support                                                               
the bill  because it reduces revenue  by $15 million in  2007 and                                                               
ultimately $34 million including all ports of call.                                                                             
                                                                                                                                
5:49:21 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI referenced  a  paragraph and  asked if  the                                                               
lost money would come from shared revenues.                                                                                     
                                                                                                                                
MR. BURNETT replied  that the $15 million lost would  be from the                                                               
head-taxes for Ketchikan and Juneau.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  said that the  voters had a  description of                                                               
how they wanted  the revenues to be spent, and  asked if the bill                                                               
would change what was voted on in that ballot measure.                                                                          
                                                                                                                                
MR.  BURNETT   replied  that  it  would;   Ketchikan  and  Juneau                                                               
currently charge  taxes which would  come out of the  vessel tax,                                                               
and   that  would   reduce  the   other  numbers   available  for                                                               
distribution.                                                                                                                   
                                                                                                                                
SENATOR   WIELECHOWSKI   asked   if    that   change   would   be                                                               
unconstitutional.                                                                                                               
                                                                                                                                
MR. BURNETT replied that he couldn't answer the question.                                                                       
                                                                                                                                
5:51:15 PM                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT  asked for an  explanation of  the constraints                                                               
on the extra  money accruing to the state treasury,  and if there                                                               
are funds  that can't be  accessed because the  local governments                                                               
are charging their own taxes.                                                                                                   
                                                                                                                                
MR. BURNETT  said that someone  from the Department of  Law could                                                               
best answer.                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT  asked if,  without changes,  there will  be a                                                               
balance in the state treasury with limitations to access.                                                                       
                                                                                                                                
MR.  BURNETT replied  that without  the  change there  will be  a                                                               
larger  balance in  the state  treasury. However  the legislature                                                               
chooses to appropriate the money is at its discretion.                                                                          
                                                                                                                                
5:53:05 PM                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT asked if there  are federal limitations on how                                                               
the money can be spent.                                                                                                         
                                                                                                                                
MR. BURNETT replied  that to the extent that  expenditures can be                                                               
made,  the  bill  would  reduce  the  amount  available  for  the                                                               
legislature to spend.                                                                                                           
                                                                                                                                
5:53:56 PM                                                                                                                    
                                                                                                                                
BRUCE BOTELHO, Mayor,  City and Borough of Juneau,  said that the                                                               
committee should  analyze the way  the legislature can  spend the                                                               
tax money. There's no doubt  that many communities could make use                                                               
of the  money; he  said he  has no  disagreement in  that respect                                                               
with the  initiative's sponsors  or Mr. Thoma.  The issue  is the                                                               
extent to which the monies  collected under the initiative can be                                                               
spent by the legislature.                                                                                                       
                                                                                                                                
MAYOR  BOTELHO   referenced  the  2002   Maritime  Transportation                                                               
Security Act sponsored by Representative  Don Young regarding how                                                               
taxes are levied  on cruise ship passengers.  The difficulty with                                                               
the  issue is  how  the  fees are  used  to  pay only  watercraft                                                               
maintenance;  he explained  how  Juneau has  a  system for  using                                                               
passenger fees for  public facilities and that the  city has made                                                               
a judgment that it has satisfied law in using funds to do so.                                                                   
                                                                                                                                
5:58:00 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  said  that  he can't  recall  the  federal                                                               
government telling  the state  that it  can't tax  something, and                                                               
asked if the federal statute is constitutional.                                                                                 
                                                                                                                                
MAYOR  BOTELHO  said that  the  general  proposition is  probably                                                               
correct,  but  there's  a clause  within  the  constitution  that                                                               
allows  the   statute  to  be   constitutional;  the   wisdom  is                                                               
questionable but not the constitutionality.                                                                                     
                                                                                                                                
MAYOR BOTELHO  continued to say that  one of the problems  in the                                                               
initiative is that  the language makes the tax  only available to                                                               
communities impacted  by tourism, but  it's in opposition  to the                                                               
law that the funds must be available only to the vessel.                                                                        
                                                                                                                                
6:01:42 PM                                                                                                                    
                                                                                                                                
CHAIR FRENCH said that the federal  statute says how the fees are                                                               
to be  charged, and wondered  whether the construction of  a dock                                                               
in a  town without one  would be considered  to be in  service to                                                               
the vessel.                                                                                                                     
                                                                                                                                
MAYOR BOTELHO  said that under  rules of  statutory construction,                                                               
the statute would  have said "a" vessel rather  than "the" vessel                                                               
if it meant to refer to future construction.                                                                                    
                                                                                                                                
6:02:47 PM                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT said  that if a dock is  constructed, a vessel                                                               
and its  passengers would be  using the facility; he  doesn't see                                                               
the  connection  between  the  people  paying  the  fee  and  the                                                               
facility yet to be built.                                                                                                       
                                                                                                                                
CHAIR  FRENCH said  that of  the seven  ports of  call, there  is                                                               
still the possibility of distributing  funds to ports not visited                                                               
by  the  ship. The  language  regarding  "the" vessel  may  cause                                                               
trouble for fund distribution.                                                                                                  
                                                                                                                                
6:04:28 PM                                                                                                                    
                                                                                                                                
MAYOR  BOTELHO said  that in  each  case there  are vessels  that                                                               
might  not call  on certain  ports in  one trip.  The entitlement                                                               
will  depend on  whether  there is  a  port of  call  and if  the                                                               
community has decided not to charge its own passenger fee.                                                                      
                                                                                                                                
6:05:37 PM                                                                                                                    
                                                                                                                                
MIKE BARNHILL, Assistant Attorney  General, Civil Division, Labor                                                               
and State  Affairs Section, Department  of Law, said that  he was                                                               
available for questions.                                                                                                        
                                                                                                                                
CHAIR FRENCH asked if the bill is constitutional.                                                                               
                                                                                                                                
MR. BARNHILL said that should  the initiative in its current form                                                               
be challenged  in court or in  an amended form, it  would fall to                                                               
the Department of Law to defend  it. Thus the department needs to                                                               
be  cautious  and not  undermine  its  position, so  he  couldn't                                                               
categorically say  that it's either.  However he could  share the                                                               
cases that the court would turn to evaluate the issue.                                                                          
                                                                                                                                
He explained  that the court  would try to determine  whether the                                                               
bill was  an unconstitutional repeal. He  referenced a historical                                                               
case  regarding a  voter initiative,  and  said that  it was  not                                                               
found to  be repealing  the constitution. It  does seem  that the                                                               
legislature has  the power to  amend the initiative,  but without                                                               
frustrating  the  initial  purpose.   In  this  particular  case,                                                               
arguments could  be made  either way.  The bill  essentially caps                                                               
the total tax that can be imposed on a passenger to $46.                                                                        
                                                                                                                                
CHAIR  FRENCH asked  if he  was speaking  about the  bill or  the                                                               
initiative.                                                                                                                     
                                                                                                                                
MR. BARNHILL replied that he was talking about the initiative.                                                                  
                                                                                                                                
6:10:16 PM                                                                                                                    
                                                                                                                                
CHAIR FRENCH asked if Juneau  voted overwhelmingly for the cruise                                                               
ship tax initiative.                                                                                                            
                                                                                                                                
MR. THOMA  replied that the  city supported  it by 62  percent in                                                               
downtown and 60 percent overall.                                                                                                
                                                                                                                                
SENATOR  THERRIAULT  asked  if   the  numbers  were  reversed  in                                                               
Ketchikan.                                                                                                                      
                                                                                                                                
MR.  THOMA  replied  that  it  was supported  at  48  percent  in                                                               
Ketchikan.                                                                                                                      
                                                                                                                                
CHAIR FRENCH said  he was trying to figure out  the intent of the                                                               
local voters in terms of exceeding $50.                                                                                         
                                                                                                                                
6:11:15 PM                                                                                                                    
                                                                                                                                
SENATOR  THERRIAULT said  that one  couldn't jump  to conclusions                                                               
because Juneau  voters might  not have  had a  clear idea  of the                                                               
repercussions.                                                                                                                  
                                                                                                                                
MR. BARNHILL said  that it's hard to define the  intent of voters                                                               
on an initiative.                                                                                                               
                                                                                                                                
SENATOR THERRIAULT  asked for Mr.  Barnhill's opinion  on whether                                                               
there  will  be   a  balance  in  the  treasury   that  won't  be                                                               
accessible, and if it would be sweepable.                                                                                       
                                                                                                                                
MR. BARNHILL replied that the balance  will grow, and it would be                                                               
sweepable. The appropriations from  the fund could be challenged,                                                               
and the  legal risk  would depend  on to  what purposes  the fund                                                               
could be spent.  If the services are closely tied  to the vessel,                                                               
the legal  risk would  be low. More  attenuated expenses  mean an                                                               
increased risk, but the Department of  Law is there to defend the                                                               
legislature no matter what.                                                                                                     
                                                                                                                                
CHAIR  FRENCH   asked  each  online  testifier   to  limit  their                                                               
testimony to two minutes.                                                                                                       
                                                                                                                                
6:14:23 PM                                                                                                                    
                                                                                                                                
ALAN SORUM, City Manager, City of  Skagway, said that there is no                                                               
municipal  head tax  in that  city; there  were 750,000  visitors                                                               
last  yeah  and  the  city  looks forward  to  funding  from  the                                                               
initiative  to move  forward with  development projects.  Skagway                                                               
does not oppose the bill.                                                                                                       
                                                                                                                                
6:15:39 PM                                                                                                                    
                                                                                                                                
BOB WEINSTEIN, Mayor, City of  Ketchikan, said he's in support of                                                               
the bill, which will correct a  clause in the initiative and will                                                               
make sure  that the funds are  spent in a manner  consistent with                                                               
federal law. He  quoted extensively from the ballot  for the head                                                               
tax initiative  and the initiative's  sponsor statement,  and how                                                               
it provides for  spending of the head tax funds.  The funds can't                                                               
be used in another manner; SB  168 makes sure the funds are spent                                                               
in the original manner intended.                                                                                                
                                                                                                                                
MAYOR WEINSTEIN continued to explain  the manner in which the tax                                                               
money will  be divvied up and  spent. The bill doesn't  touch the                                                               
regional impact fund. Under the  initiative, each port of call is                                                               
entitled to  $5 per passenger;  thus $25 of  the $46 would  go to                                                               
local   ports.  In   reality  few   vessels  visit   five  ports;                                                               
realistically only  $17 goes  to ports.  The ballot  measure also                                                               
denies funds to any port that  assesses local fees, so Juneau and                                                               
Ketchikan don't receive any money. On  average only $7 of the $35                                                               
can be used  for the purpose determined in the  bill, so the rest                                                               
of the  money is  idling in the  general fund.  Small communities                                                               
should  be  able to  benefit  from  the  tax,  and $46  would  be                                                               
adequate for all port communities.                                                                                              
                                                                                                                                
He added that federal law requires  a marine vessel fee; the best                                                               
way of complying  with such requirements is  making realistic use                                                               
of the  money in  the tax  account by ensuring  that taxes  go to                                                               
local communities  for improving infrastructure.  While opponents                                                               
are entitled to their opinion,  the language in the initiative is                                                               
the best indication of what the voters intended.                                                                                
                                                                                                                                
6:23:27 PM                                                                                                                    
                                                                                                                                
CHAIR  FRENCH  asked  if  Tom   Dow  was  only  there  to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
TOM DOW, with Carnival Corporation, said yes.                                                                                   
                                                                                                                                
6:23:52 PM                                                                                                                    
                                                                                                                                
VANTA  SHAFER, Mayor,  City of  Seward, urged  the passage  of SB
168. Seward has several projects it  would like to fund with head                                                               
tax fees  but it would  be difficult to retry  for appropriations                                                               
every  year. Passage  of the  bill will  meet the  intent of  the                                                               
voters.                                                                                                                         
                                                                                                                                
6:24:48 PM                                                                                                                    
                                                                                                                                
GERSHON  COHEN, Haines  resident, said  that the  purpose of  the                                                               
statewide  head   tax  is  to   remedy  the  fact   that  smaller                                                               
communities  don't have  the power  to have  their own  municipal                                                               
taxes.  He explained  how the  cruise  industry prevented  Haines                                                               
from imposing  a head tax,  and how without political  clout it's                                                               
impossible to fight the industry.  There are many tourism impacts                                                               
in communities without  ports, which are borne  by local property                                                               
taxes.                                                                                                                          
                                                                                                                                
MR.  COHEN said  that  SB 168  would allow  the  cruise lines  to                                                               
receive part  of the head tax;  it's completely out of  line with                                                               
the intent of the voters.  On-board credits would allow the ships                                                               
to pocket millions in head-tax money.                                                                                           
                                                                                                                                
He said  that he  doesn't deny  the right  of the  legislature to                                                               
amend  the  initiative,  and  that  the  tonnage  clause  in  the                                                               
constitution won't affect the tax.                                                                                              
                                                                                                                                
6:32:07 PM                                                                                                                    
                                                                                                                                
JOE GELDHOF, Juneau resident, said  that Mr. Barnhill's testimony                                                               
was appropriate.  He gave an example  of how certain uses  of the                                                               
tax  money could  be found  constitutional  or not;  there is  an                                                               
intermediate   ground   subject   to  interpretation,   and   the                                                               
legislature should  be mindful  of state and  federal law  in its                                                               
decision.  Passage of  the bill  will impair  the revenue  coming                                                               
into the  general fund;  there are  special interests  behind the                                                               
drive to amend  the bill. There is clear  and convincing evidence                                                               
that  some  testimony  is  influenced  by  the  Northwest  Cruise                                                               
Association. The  tax is not  related to tonnage; it's  an excise                                                               
tax  on  individuals.  The  federal law  is  implicated  but  the                                                               
tonnage tax is not.                                                                                                             
                                                                                                                                
MR. GELDHOF re-stated  that the issue is not a  tonnage tax case,                                                               
and  the  legislature  should  work  around  the  issue  for  the                                                               
betterment  of Alaskans.  There's nothing  wrong with  collecting                                                               
the taxes and using them judiciously.                                                                                           
                                                                                                                                
6:39:01 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  agreed  that  the issue  doesn't  seem  to                                                               
address  the tonnage  tax,  and there  would  be tenth  amendment                                                               
implications;  he asked  if there  are other  states that  charge                                                               
head taxes, and if they have been challenged.                                                                                   
                                                                                                                                
MR. GELDHOF said that there's a  variety of taxes in the US; some                                                               
are similar and some are much  higher. They're all port fees, and                                                               
are collected and presumably paid.                                                                                              
                                                                                                                                
6:41:41 PM                                                                                                                    
                                                                                                                                
SENATOR  THERRIAULT said  that the  language in  the constitution                                                               
allows the  legislature to make  modifications to deal  with such                                                               
issues. He  referenced contradicting  pieces of  legislation, and                                                               
said that an initiative writer  can't determine what an amendment                                                               
is and what  an appeal is; that's the issue  that the legislature                                                               
is dealing with.                                                                                                                
                                                                                                                                
6:43:48 PM                                                                                                                    
                                                                                                                                
MR. GELDHOF  said he  understood the point,  and agreed  that all                                                               
votes don't go  through people like him. The  legislature has the                                                               
ability  to amend,  and  has  a fair  amount  of discretion.  His                                                               
objection with  168 is that  it reduces  the amount of  money the                                                               
state  has to  spend;  the mayors  involved  will probably  raise                                                               
their municipal  fees. It's bad  public policy and should  be put                                                               
to an interim study.                                                                                                            
                                                                                                                                
6:46:18 PM                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT asked Mr. Dow how on-board credits work.                                                                     
                                                                                                                                
MR. DOW explained  how refunds would be processed.  He added that                                                               
his  statement  regarding  refunding was  improperly  represented                                                               
earlier;  he   clarified  how  port   fees  are   re-credited  to                                                               
customers.                                                                                                                      
                                                                                                                                
CHAIR FRENCH closed  public testimony on SB 168  and recessed the                                                               
meeting to the call of the chair at 6:48:38 PM.                                                                               

Document Name Date/Time Subjects