00                      HOUSE JOINT RESOLUTION NO. 18                                                                     
01 Relating to the federal Maritime Transportation Security Act of 2002 and the state's                                    
02 right to tax commercial passenger vessels.                                                                              
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04       WHEREAS the sponsor of the federal Maritime Transportation Security Act of 2002                                 
05 subsection 445 (33 U.S.C. 5(b)) has stated that it was never intended to block states' rights to                        
06 enact head taxes; and                                                                                                   
07       WHEREAS the current language of 33 U.S.C. 5(b) has unintended consequences; and                                 
08       WHEREAS the 33 U.S.C. 5(b) language is an overly broad attempt at codification of                               
09 existing common law regarding the tonnage clause in art. I, sec. 10, clause 3, Constitution of                          
10 the United States; and                                                                                                  
11       WHEREAS Alaska is unwilling to concede its right to regulate commerce within its                                
12 state waters; and                                                                                                       
13       WHEREAS the plain meaning of 33 U.S.C. 5(b) has yet to be interpreted by the                                    
14 courts through litigation; and                                                                                          
15       WHEREAS the ability to recoup, through taxes, the cost of providing infrastructure                              
16 and the effect on the State of Alaska that commercial passenger vessels cause is a                                      

01 fundamental issue of state sovereignty;                                                                                 
02       BE IT RESOLVED that the Alaska State Legislature requests the United States                                     
03 Congress to clarify or repeal 33 U.S.C. 5(b).                                                                           
04       COPIES of this resolution shall be sent to the Honorable Bill Frist, Majority Leader                            
05 of the U.S. Senate; the Honorable J. Dennis Hastert, Speaker of the U.S. House of                                       
06 Representatives; and the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S.                                   
07 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska                                       
08 delegation in Congress.