Legislature(2001 - 2002)

02/22/2001 08:04 AM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB  24-BOROUGH REVENUES FOR TOURISM MARKETING                                                                                 
                                                                                                                              
CO-CHAIR MORGAN announced that the  first order of business would                                                               
be HOUSE BILL NO. 24, "An  Act relating to use of certain borough                                                               
revenues  for  a  tourism  marketing   campaign."    [Before  the                                                               
committee is CSHB 24(EDT).]                                                                                                     
                                                                                                                                
Number 0092                                                                                                                     
                                                                                                                                
REPRESENTATIVE JIM WHITAKER,  Alaska State Legislature, testified                                                               
as sponsor  of HB 24.   Simply, HB 24  allows for a  local option                                                               
regarding  the usage  of bed  taxes.   He offered  to answer  any                                                               
questions from the committee.                                                                                                   
                                                                                                                                
Number 0240                                                                                                                     
                                                                                                                                
CO-CHAIR MEYER inquired as to  what communities would be impacted                                                               
by this bill.  He  related his understanding that Anchorage would                                                               
not be impacted by this bill.                                                                                                   
                                                                                                                                
REPRESENTATIVE WHITAKER affirmed that  he shared Co-Chair Meyer's                                                               
understanding.     He  recalled   that  there  are   about  eight                                                               
communities that would be impacted by this legislation.                                                                         
                                                                                                                                
Number 0385                                                                                                                     
                                                                                                                                
BRETT  CARLSON,  Northern  Alaska  Tour  Company,  testified  via                                                               
teleconference.    Although HB  24  is  a  simple bill,  it  does                                                               
address  an  important  issue  for  the  visitor  industry.    He                                                               
explained that since the 1970s  small visitor industry businesses                                                               
in  communities  throughout Alaska  have  relied  on their  local                                                               
destination  marketing  organizations  in   order  to  help  them                                                               
compete  in the  increasingly  competitive market  place.   These                                                               
local  destination marketing  organizations are  typically funded                                                               
through a local  tax, which is often  a bed tax.   Such taxes are                                                               
often  collected   with  the  specific   intent  to   help  small                                                               
businesses compete  in the  travel industry.   However,  Title 29                                                               
has  the  potential  to  create  a  situation,  in  11  organized                                                               
boroughs, in  which a visitor  tax that  was enacted to  fund the                                                               
industry  cannot be  used for  that purpose.   He  explained that                                                               
Title 29  grants second class  boroughs, where the  problem would                                                               
be  the  greatest,  a  nonareawide  economic  development  power.                                                               
However, most of the bed taxes  in the second class boroughs have                                                               
been enacted on  an areawide basis.  He returned  to Title 29 and                                                               
pointed out  that it says a  nonareawide power cannot be  used to                                                               
spend  an areawide  tax and  therein  lies the  challenge.   This                                                               
issue has  come up  in Fairbanks.   This legislation  would solve                                                               
the problem.  He echoed earlier  comments that HB 24 would merely                                                               
provide an  option to the  local communities.  Mr.  Carlson urged                                                               
support of  HB 24, which  has support  throughout the state.   He                                                               
informed the  committee that  Alaska Travel  Industry Association                                                               
(ATIA)  has passed  a  resolution in  support of  HB  24 and  the                                                               
Anchorage Convention and Visitors Bureau  is supportive of HB 24.                                                               
In  regard  to Co-Chair  Meyer's  earlier  comments, Mr.  Carlson                                                               
pointed  out   that  HB  24  would   indirectly  benefit  unified                                                               
municipalities in  that marketing  done by  any community  in the                                                               
state would benefit  gateway communities, such as  Anchorage.  He                                                               
indicated  that  allowing  other  communities  to  contribute  to                                                               
statewide marketing  programs is also beneficial  to the [unified                                                               
municipalities].                                                                                                                
                                                                                                                                
Number 0802                                                                                                                     
                                                                                                                                
DEBBIE TILSWORTH,  Riverboat Discovery;  Chair, Local  Chapter of                                                               
the  Fairbanks  Travel  Industry, testified  via  teleconference.                                                               
She remarked  on the timeliness of  HB 24.  As  [Fairbanks] looks                                                               
to increasing  funding in  the travel  industry, Fairbanks  has a                                                               
number  of  challenges.   One  of  the  challenges is  to  become                                                               
involved in the borough's budgeting  process this year.  However,                                                               
that is not allowed under  the current [statute].  Therefore, she                                                               
indicated the  need to move  HB 24 along  in a timely  fashion in                                                               
order  to  allow  the  Fairbanks North  Star  Borough  mayor  and                                                               
assembly  to approve  funding for  destination  marketing in  the                                                               
fiscal year 2002.                                                                                                               
                                                                                                                                
CO-CHAIR  MORGAN  asked  if  anyone   on  the  teleconference  in                                                               
Fairbanks  was  opposed  to  this  legislation.    There  was  an                                                               
indication   that   everyone   in   the   Fairbanks   Legislative                                                               
Information Office was supportive of the bill.                                                                                  
                                                                                                                                
REPRESENTATIVE HALCRO referred to line  5 of CSHB 24(EDT) and the                                                               
language "sales tax  levied upon room rentals".   He assumed that                                                               
language referred  to hotel,  motel, and  bed and  breakfast room                                                               
rentals not a rental apartment.   He asked if there should be any                                                               
concern with the broad title.                                                                                                   
                                                                                                                                
REPRESENTATIVE WHITAKER explained that  the title was changed due                                                               
to a concern  that the original title was too  broad and thus was                                                               
tightened to the current language.   Representative Whitaker said                                                               
that  he  wasn't  opposed  to tightening  the  title  further  to                                                               
specify "bed  tax revenues."   Representative  Whitaker indicated                                                               
his ambivalence toward the title.                                                                                               
                                                                                                                                
REPRESENTATIVE  HALCRO  asked  if  Fairbanks has  a  tax  on  the                                                               
monthly apartment rental.                                                                                                       
                                                                                                                                
REPRESENTATIVE WHITAKER replied no.                                                                                             
                                                                                                                                
REPRESENTATIVE HALCRO specified that his  concern is in regard to                                                               
someone renting  apartments and whether  a portion of  that [tax]                                                               
revenue should be used for tourism marketing.                                                                                   
                                                                                                                                
REPRESENTATIVE  WHITAKER  acknowledged   that  [issue]  could  be                                                               
raised  if [an  apartment rental]  tax was  in place.   He  said,                                                               
"Knowing my  own borough, ... I  would be very surprised  if that                                                               
ever happened."                                                                                                                 
                                                                                                                                
Number 1075                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  asked  if Representative  Whitaker  had                                                               
reviewed  the  March  17,  2000,  memorandum  from  Tamara  Cook,                                                               
Director,  Legal  and   Research  Services,  Legislative  Affairs                                                               
Agency, which  addresses the  issue as  to whether  the Fairbanks                                                               
North  Star Borough  has the  power to  conduct a  campaign under                                                               
Title 29.                                                                                                                       
                                                                                                                                
REPRESENTATIVE   WHITAKER  said   that   he   had  reviewed   the                                                               
aforementioned  memorandum.   He  explained  that the  memorandum                                                               
responds  to whether  the Fairbanks  North Star  Borough may  use                                                               
proceeds  from a  bed tax  for a  tourism marketing  campaign, to                                                               
which Ms. Cook replied no.   That is the situation under existing                                                               
law  and thus  this  legislation would  attempt  to correct  that                                                               
situation.                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA  asked, "Do you think  that, then, covers                                                               
the issue  of whether it  [the Fairbanks North Star  Borough] has                                                               
the power under [AS] 29.35.210, ... the broader scope issue."                                                                   
                                                                                                                                
REPRESENTATIVE WHITAKER replied yes.                                                                                            
                                                                                                                                
REPRESENTATIVE MURKOWSKI  asked if the common  vernacular used is                                                               
"bed tax."                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER replied yes.                                                                                            
                                                                                                                                
REPRESENTATIVE  MURKOWSKI   remarked  that   it  would   be  more                                                               
straightforward if it  were referred to as a  "bed tax," although                                                               
she believes the point is understood.                                                                                           
                                                                                                                                
Number 1255                                                                                                                     
                                                                                                                                
CO-CHAIR  MEYER moved  to report  CSHB 24(EDT)  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no  objection, CSHB 24(EDT) was reported from                                                               
the House Community and Regional Affairs Standing Committee.                                                                    
                                                                                                                                

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