Legislature(2009 - 2010)

04/16/2010 10:47 AM House FIN


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CS FOR SENATE BILL NO. 312(FIN)                                                                                               
                                                                                                                                
     "An Act relating to the  deposit of the proceeds of the                                                                    
     tax  on gambling  operations aboard  certain commercial                                                                    
     passenger vessels into the  general fund; providing for                                                                    
     a  reduction  in  the  excise   tax  to  $34.50  for  a                                                                    
     passenger  for each  voyage on  a commercial  passenger                                                                    
     vessel; describing  the passengers that are  subject to                                                                    
     the excise tax  and liable for the payment  of the tax;                                                                    
     providing  for  a reduction  in  the  state excise  tax                                                                    
     imposed  on  a  passenger  traveling  on  a  commercial                                                                    
     passenger vessel  by the amount  of tax on  a passenger                                                                    
     traveling on  a commercial passenger vessel  imposed by                                                                    
     a municipality under a law  enacted before December 17,                                                                    
     2007;  authorizing appropriations  from the  commercial                                                                    
     vessel passenger  tax account to the  first seven ports                                                                    
     of  call in  the state  and for  costs associated  with                                                                    
     commercial  passenger  vessels  and the  passengers  on                                                                    
     board; limiting the use of  funds appropriated from the                                                                    
     commercial    passenger   vessel    tax   account    to                                                                    
     expenditures   related  to   port  facilities,   harbor                                                                    
     infrastructure,   other   services  provided   to   the                                                                    
     commercial  passenger  vessels  and the  passengers  on                                                                    
     board  those   vessels  and  certain   other  purposes;                                                                    
     repealing  the   regional  cruise  ship   impact  fund;                                                                    
     relating  to the  administration of  the excise  tax by                                                                    
     the Department  of Revenue and regulations  required to                                                                    
     be adopted;  requiring a report from  the Department of                                                                    
     Commerce, Community, and  Economic Development relating                                                                    
     to safely and  efficiently hosting passengers; defining                                                                    
     'voyage' for  purposes of the  excise tax;  relating to                                                                    
     municipal  levies  on  a   passenger  on  a  commercial                                                                    
     passenger  vessel;  and   providing  for  an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
12:51:52 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze announced the  beginning of the committee's                                                                    
amendment process to the legislation.                                                                                           
                                                                                                                                
Vice-Chair  Thomas MOVED  to ADOPT  Conceptual Amendment  1,                                                                    
work draft 26-LS1633\W:                                                                                                         
                                                                                                                                
"An Act relating  to the deposit of the proceeds  of the tax                                                                  
                                                                                                                                
on gambling  operations aboard certain  commercial passenger                                                                  
                                                                                                                                
vessels  into a  special fund  within the  commercial vessel                                                                  
                                                                                                                                
passenger tax account  in the general fund;  providing for a                                                                  
                                                                                                                                
reduction in the excise tax to  $40 for a passenger for each                                                                  
                                                                                                                                
voyage  on a  commercial  passenger  vessel; describing  the                                                                  
                                                                                                                                
passengers that  are subject  to the  excise tax  and liable                                                                  
                                                                                                                                
for the  payment of  the tax; providing  for a  reduction in                                                                  
                                                                                                                                
the state excise  tax imposed on a passenger  traveling on a                                                                  
                                                                                                                                
commercial  passenger  vessel by  the  amount  of tax  on  a                                                                  
                                                                                                                                
passenger  traveling   on  a  commercial   passenger  vessel                                                                  
                                                                                                                                
imposed by certain municipalities  under laws enacted before                                                                  
                                                                                                                                
December 17,  2006;  authorizing   appropriations  from  the                                                                  
commercial vessel  passenger tax account to  the first seven                                                                  
                                                                                                                                
ports of call  in the state to  certain other municipalities                                                                  
                                                                                                                                
and for  costs associated with commercial  passenger vessels                                                                  
                                                                                                                                
and  the passengers  on  board; limiting  the  use of  funds                                                                  
                                                                                                                                
appropriated  from  the   commercial  passenger  vessel  tax                                                                  
                                                                                                                                
account to  expenditures related to port  facilities, harbor                                                                  
                                                                                                                                
infrastructure,  other services  provided to  the commercial                                                                  
                                                                                                                                
passenger vessels and the passengers  on board those vessels                                                                  
                                                                                                                                
and certain  other purposes;  repealing the  regional cruise                                                                  
                                                                                                                                
ship  impact fund;  relating to  the  administration of  the                                                                  
                                                                                                                                
excise  tax by  the  Department of  Revenue and  regulations                                                                  
                                                                                                                                
required  to  be  adopted;  requiring   a  report  from  the                                                                  
                                                                                                                                
Department of Commerce,  Community, and Economic Development                                                                  
                                                                                                                                
relating  to  safely  and  efficiently  hosting  passengers;                                                                  
                                                                                                                                
defining 'voyage'  for purposes of the  excise tax; relating                                                                  
                                                                                                                                
to  municipal   levies  on  a  passenger   on  a  commercial                                                                  
                                                                                                                                
passenger vessel; and providing for an effective date."                                                                       
                                                                                                                                
                                                                                                                                
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                      
                                                                                                                                
                                                                                                                                
   * Section 1. AS 43.35.220 is amended to read:                                                                              
          Sec. 43.35.220. Disposition of receipts. The                                                                        
     proceeds  from the  tax on  gambling operations  aboard                                                                    
     commercial  passenger  vessels  in the  state's  marine                                                                    
     water  shall  be  deposited in  the  commercial  vessel                                                                
     passenger  gambling fund  within the  commercial vessel                                                                
     passenger  tax  account  (AS 43.52.230(a))  [A  SPECIAL                                                                
     "COMMERCIAL  VESSEL  PASSENGER   TAX  ACCOUNT"  IN  THE                                                                    
     GENERAL FUND].                                                                                                             
   * Sec. 2. AS 43.52.200 is amended to read:                                                                                 
          Sec. 43.52.200. Levy of excise tax on overnight                                                                     
     accommodations on  commercial passenger  vessels. There                                                                  
     is  imposed  an  excise  tax  on  passengers  traveling                                                                
     [TRAVEL]  on  commercial  passenger  vessels  providing                                                                    
     overnight accommodations  that anchor  or moor  on [IN]                                                                
     the  state's  marine water  with  the  intent to  allow                                                                
     passengers to embark or disembark.                                                                                   
   * Sec. 3. AS 43.52.210 is amended to read:                                                                                 
          Sec. 43.52.210. Rate of tax. The tax imposed by                                                                     
     AS 43.52.200 -  43.52.295 is  levied at  a rate  of $40                                                                
     for [$46] a passenger for each [PER] voyage.                                                                       
   * Sec. 4. AS 43.52.220 is amended to read:                                                                                 
                                                                                                                                
          Sec. 43.52.220. Liability for payment of tax. A                                                                     
                                                                                                                                
     passenger   subject   to[TRAVELING  ON   A   COMMERCIAL                                                                
                                                                                                                                
     PASSENGER VESSEL PROVIDING  OVERNIGHT ACCOMMODATIONS IN                                                                    
                                                                                                                                
     STATE  MARINE  WATER  IS LIABLE  FOR]  the  excise  tax                                                                
                                                                                                                                
     imposed by  AS 43.52.200 - 43.52.295 is  liable for the                                                                
                                                                                                                                
     payment of  the tax.  The tax  shall be  collected from                                                            
                                                                                                                                
     the  passenger   [AND  IS  DUE   AND  PAYABLE   TO  THE                                                                
                                                                                                                                
     DEPARTMENT                                                                                                                 
                                                                                                                                
               (1)]  by the person who provides travel                                                                          
                                                                                                                                
     aboard a  commercial vessel  and shall  be paid  to the                                                                
                                                                                                                                
     department [FOR WHICH THE TAX IS PAYABLE; AND                                                                          
                                                                                                                                
               (2)]  in the manner and at the times                                                                             
                                                                                                                                
     required by the department by regulation.                                                                                  
                                                                                                                                
   * Sec. 5. AS 43.52.230(a) is amended to read:                                                                              
                                                                                                                                
          (a)  The proceeds from the tax imposed under                                                                      
                                                                                                                                
     AS 43.52.200  -  43.52.295  [ON  TRAVEL  ON  COMMERCIAL                                                                
                                                                                                                                
     PASSENGER  VESSELS  PROVIDING OVERNIGHT  ACCOMMODATIONS                                                                    
                                                                                                                                
     IN THE  STATE'S MARINE WATER]  shall be deposited  in a                                                                    
                                                                                                                                
     special  "commercial vessel  passenger tax  account" in                                                                    
                                                                                                                                
     the  general  fund.  The  legislature  may  appropriate                                                                    
                                                                                                                                
     money from  this account for the  purposes described in                                                                    
                                                                                                                                
     (b) and (d)  [(c)] of this section  and in AS 43.52.250                                                            
                                                                                                                                
     [, FOR  STATE-OWNED PORT  AND HARBOR  FACILITIES, OTHER                                                                    
     SERVICES TO  PROPERLY PROVIDE FOR VESSEL  OR WATERCRAFT                                                                    
                                                                                                                                
     VISITS,  TO  ENHANCE  THE   SAFETY  AND  EFFICIENCY  OF                                                                    
                                                                                                                                
     INTERSTATE AND FOREIGN COMMERCE,  AND SUCH OTHER LAWFUL                                                                    
                                                                                                                                
     PURPOSES AS DETERMINED BY THE LEGISLATURE].                                                                                
                                                                                                                                
   * Sec. 6. AS 43.52.230(b) is amended to read:                                                                              
          (b)  For each voyage of a commercial passenger                                                                        
     vessel   [PROVIDING   OVERNIGHT  ACCOMMODATIONS],   the                                                                    
     commissioner  shall  identify  the first  seven  [FIVE]                                                                
     ports  of  call   in  the  state  and   the  number  of                                                                    
     passengers   subject   to   the   tax   imposed   under                                                                
     AS 43.52.200 - 43.52.295 on board  [THE VESSEL] at each                                                                
     port of  call. Subject  to annual appropriation  by the                                                                
     legislature, the commissioner  shall distribute to each                                                                    
     port of call $8 for  each [$5 PER] passenger subject to                                                            
     the tax imposed [OF THE  TAX REVENUE COLLECTED FROM THE                                                                
     TAX  LEVIED] under  AS 43.52.200  -  43.52.295. If  the                                                                    
     port of  call is a  city located within a  borough [NOT                                                                    
     OTHERWISE UNIFIED  WITH THE BOROUGH],  the commissioner                                                                    
     shall [, SUBJECT TO  APPROPRIATION BY THE LEGISLATURE,]                                                                    
     distribute  $4 for  each [$2.50  PER] passenger  to the                                                              
     city and $4  [$2.50] to the borough. A  city or borough                                                            
     that receives  a payment [EACH  PORT OF  CALL RECEIVING                                                                
     FUNDS] under  this subsection  [SECTION] shall  use the                                                                
     funds  for [IN  A  MANNER CALCULATED  TO IMPROVE]  port                                                                
     [AND  HARBOR]  facilities, harbor  infrastructure,  and                                                                
     other  services provided  to  the commercial  passenger                                                                
     vessels and  the passengers on board  those vessels [TO                                                                
     PROPERLY PROVIDE  FOR VESSEL  OR WATERCRAFT  VISITS AND                                                                    
     TO ENHANCE THE SAFETY  AND EFFICIENCY OF INTERSTATE AND                                                                    
     FOREIGN COMMERCE].                                                                                                         
   * Sec. 7. AS 43.52.230 is amended by adding a new                                                                          
subsection to read:                                                                                                             
          (d)  In addition to making an appropriation for                                                                       
     the  payments described  in (b)  of  this section,  the                                                                    
     legislature may  appropriate money from  the commercial                                                                    
     vessel  passenger  tax  account to  projects  that  (1)                                                                    
     improve  port and  harbor  infrastructure, (2)  provide                                                                    
     services  to  commercial   passenger  vessels  and  the                                                                    
     passengers  onboard  those  vessels,  (3)  improve  the                                                                    
     safety  and efficiency  of the  interstate and  foreign                                                                    
     commerce  activities  in  which  the  vessels  and  the                                                                    
     passengers onboard  those vessels  are engaged,  or (4)                                                                    
     other lawful purposes.                                                                                                     
   * Sec. 8. AS 43.52.240 is amended to read:                                                                                 
          Sec.   43.52.240.    Administration.   [(a)]   The                                                                  
     department shall                                                                                                           
               (1)  [ADMINISTER AS 43.52.200 - 43.52.295;                                                                       
     AND                                                                                                                        
               (2)]  collect [, SUPERVISE,] and enforce the                                                                     
     collection of taxes due  under AS 43.52.200 - 43.52.295                                                                    
     and penalties as provided in AS 43.05;                                                                                 
               (2)  [.                                                                                                      
          (b)  THE DEPARTMENT MAY] adopt regulations                                                                            
     necessary  for  the  administration of  AS 43.52.200  -                                                                    
     43.52.295; and                                                                                                         
               (3)  subject to annual appropriation,                                                                        
     distribute  the payments  described in  AS 43.52.230(b)                                                                
     and in 43.52.250.                                                                                                      
   * Sec. 9. AS 43.52.250 is repealed and reenacted to                                                                        
read:                                                                                                                           
          Sec. 43.52.250. Local levies. (a) A municipality                                                                    
     that  imposes and  collects a  tax, in  any form,  on a                                                                    
     passenger  traveling on  a commercial  passenger vessel                                                                    
     under an  ordinance enacted by the  municipality before                                                                    
     December 17,  2006,  may  not  receive  a  distribution                                                                    
     under AS 43.52.230(b).                                                                                                     
          (b)  Subject to appropriation and to (c) of this                                                                      
     section,  a municipality  that imposes  and collects  a                                                                    
     tax  of less  than $8  on  a passenger  traveling on  a                                                                    
     commercial passenger vessel  under an ordinance enacted                                                                    
     before  December 17, 2006,  may receive  a distribution                                                                    
     from the  commissioner equal to the  difference between                                                                    
     $8 for each  passenger and the amount  of the municipal                                                                    
     tax imposed  and collected for  each passenger.  If the                                                                    
     municipal  tax is  reduced, the  distribution from  the                                                                    
     commissioner   increases  accordingly,   so  that   the                                                                    
     combination   of  the   state   distribution  and   the                                                                    
     municipal  tax equals  $8 for  each  passenger. If  the                                                                    
     municipal tax is increased to  $8 for each passenger or                                                                    
     more, the  municipality may not receive  a distribution                                                                    
     under this subsection.                                                                                                     
          (c)  If the municipality that imposes and                                                                             
     collects  the  tax  of  less than  $8  on  a  passenger                                                                    
     traveling  on a  commercial passenger  vessel under  an                                                                    
     ordinance enacted  before December 17, 2006, is  a city                                                                    
     within a borough, the  commissioner shall distribute to                                                                    
     the  borough  in  which  the city  is  located  $1  and                                                                    
     distribute the  balance of the amount  calculated under                                                                    
     (b) of this section to the city.                                                                                           
          (d)  The state tax imposed on a passenger by                                                                          
     AS 43.52.220 - 43.52.295 shall be  reduced by the total                                                                    
     amount of  each tax on  the passenger that  was imposed                                                                    
     and  collected by  a  municipality  under an  ordinance                                                                    
     adopted  before December 17,  2006. The  amount of  the                                                                    
     reduction shall be  based on the tax  rate levied under                                                                    
     each ordinance when it was  first adopted, except that,                                                                    
     if a municipality subsequently  decreases its tax rate,                                                                    
     the  amount of  the  reduction shall  be  based on  the                                                                    
     decreased tax rate.                                                                                                        
   * Sec.  10. AS 43.52 is  amended by adding a  new section                                                                  
to read:                                                                                                                        
          Sec. 43.52.260. Periodic report. The Department                                                                     
     of  Commerce,   Community,  and   Economic  Development                                                                    
     shall,  every three  years, prepare  and submit  to the                                                                    
     governor,  the legislature,  and  the  public a  report                                                                    
     that addresses  the projected  needs of  communities to                                                                    
     safely and  efficiently host passengers that  pay taxes                                                                    
     under AS 43.52.200 - 43.52.295.                                                                                            
   * Sec. 11. AS 43.52.295(4) is amended to read:                                                                             
               (4)  "voyage" means any trip or itinerary                                                                        
     lasting more than 72 hours in the state.                                                                               
   * Sec. 12. AS 43.52.230(c) is repealed.                                                                                    
   * Sec. 13.  The uncodified law of the State  of Alaska is                                                                  
amended by adding a new section to read:                                                                                        
     CONTINGENT  EFFECT OF  SECS. 1  - 12  OF THIS  ACT. (a)                                                                    
Sections 1  - 12 of this  Act take effect only  if the state                                                                    
and  the Alaska  Cruise  Association reach  a settlement  in                                                                    
Alaska Cruise  Association v.  Galvin, Case  Number 3:09-cv-                                                                    
00195-RRB   (D.  Alaska)   before  October 31,   2010,  that                                                                    
disposes of the case with prejudice.                                                                                            
     (b)  The  attorney general shall notify  the revisor of                                                                    
statutes if a  settlement is reached as described  in (a) of                                                                    
this section.                                                                                                                   
   * Sec. 14.  If, under sec. 13  of this Act, secs.  1 - 12                                                                  
of this Act take effect, they take effect October 31, 2010.                                                                     
   *  Sec.  15.   Section  13  of  this   Act  takes  effect                                                              
immediately under AS 01.10.070(c).                                                                                              
                                                                                                                                
                                                                                                                                
Co-Chair Stoltze OBJECTED for the purpose of discussion.                                                                        
                                                                                                                                
Vice-Chair Thomas announced that he  was the sole sponsor of                                                                    
the amendment.                                                                                                                  
                                                                                                                                
PETER  ECKLAND, STAFF,  REPRESENTATIVE  BILL THOMAS,  stated                                                                    
that the  amendment set  the passenger head  tax set  at $40                                                                    
per passenger  with a local  deduct of $15; $7  in Ketchikan                                                                    
and  $8 in  Juneau.  Ports that  had a  local  tax were  not                                                                    
eligible to  also receive state  tax dollars.  The amendment                                                                    
created a gambling  sub fund, and set a flat  rate of $8 per                                                                    
port, per  passenger. Under  the amendment,  if a  local tax                                                                    
were to be lowered from $8  to $5, the amount deducted would                                                                    
also  be lowered  by $3,  in order  to maintain  the $8  tax                                                                    
across the board. Finally the  contingent effect in the bill                                                                    
states that the Attorney General  must notify the reviser of                                                                    
statutes  by  October  31,  2010,  that  the  Alaska  Cruise                                                                    
Association case had been dropped,  with prejudice, in order                                                                    
for the bill to go into effect.                                                                                                 
                                                                                                                                
Vice-Chair   Thomas   MOVED   Conceptual  Amendment   1   to                                                                    
Conceptual Amendment 1 for CSSB 312:                                                                                            
                                                                                                                                
     Page 1, line 9                                                                                                         
                                                                                                                                
          After: 17                                                                                                             
                                                                                                                                
          Delete: 2006                                                                                                          
                                                                                                                                
          Insert: 2007                                                                                                          
                                                                                                                                
     Page 2, line 14-17                                                                                                     
                                                                                                                                
          After: in                                                                                                             
                                                                                                                                
          Delete all material                                                                                                   
                                                                                                                                
          Insert: the general fund.                                                                                             
                                                                                                                                
     Page 2, line 26                                                                                                        
                                                                                                                                
          After: of                                                                                                             
                                                                                                                                
          Delete: $40                                                                                                           
                                                                                                                                
          Insert: $34.50                                                                                                        
                                                                                                                                
     Page 4, line 31                                                                                                        
                                                                                                                                
          After: 17                                                                                                             
                                                                                                                                
          Delete: 2006                                                                                                          
                                                                                                                                
          Insert: 2007                                                                                                          
                                                                                                                                
     Page 5, line 4                                                                                                         
                                                                                                                                
          After: 17                                                                                                             
                                                                                                                                
          Delete: 2006                                                                                                          
                                                                                                                                
          Insert: 2007                                                                                                          
                                                                                                                                
     Page 5, line 14                                                                                                        
                                                                                                                                
          After: 17                                                                                                             
                                                                                                                                
          Delete: 2006                                                                                                          
                                                                                                                                
          Insert: 2007                                                                                                          
                                                                                                                                
     Page 5, line 19                                                                                                        
                                                                                                                                
          After: 17                                                                                                             
                                                                                                                                
          Delete: 2006                                                                                                          
                                                                                                                                
          Insert: 2007                                                                                                          
                                                                                                                                
*Legislative Legal will do any  and all other conforming and                                                                    
technical amendments.                                                                                                           
                                                                                                                                
KACI  SCHROEDER-HOTCH,  STAFF, REPRESENTATIVE  BILL  THOMAS,                                                                    
discussed the changes made by the amendment.                                                                                    
                                                                                                                                
Representative   Doogan   OBJECTED   for  the   purpose   of                                                                    
discussion.                                                                                                                     
                                                                                                                                
Representative  Doogan asked  about the  effect of  changing                                                                    
the 2006  to 2007  throughout the bill.  Ms. Schreoder-Hotch                                                                    
stated 2007  was the most  recent date  that the tax  was in                                                                    
place for Juneau and Ketchikan.                                                                                                 
                                                                                                                                
Representative Doogan WITHDREW his OBJECTON.                                                                                    
                                                                                                                                
There  being no  further OBJECTION,  Conceptual Amendment  1                                                                    
was ADOPTED.                                                                                                                    
                                                                                                                                
Co-Chair  Hawker  noted for  the  record  that a  conforming                                                                    
title amendment  would be needed  due to the passage  of the                                                                    
conceptual amendment to the conceptual amendment.                                                                               
                                                                                                                                
Representative Gara  clarified that  the head tax  was being                                                                    
reduced from $46.50  to 34.50, and that each of  the first 4                                                                    
parts of  call would receive  $8, or the  difference between                                                                    
the local tax  and $8. Mr. Eckland responded  that the state                                                                    
tax would  be set at  $34.50; with a  deduct of $7  when the                                                                    
vessel stopped in Ketchikan, and  $8 dollars when the vessel                                                                    
stopped in  Juneau. Representative  Gara understood  that in                                                                    
the case  of Juneau and  Ketchikan, the state  would collect                                                                    
$19.50, but  for the next 5  ports the state would  remit $8                                                                    
per passenger. Overall,  all ports would receive  a total of                                                                    
$8 per passenger.                                                                                                               
                                                                                                                                
12:54:39 AM                                                                                                                   
                                                                                                                                
Representative Gara  reiterated that he did  not support the                                                                    
reduction of the head tax.                                                                                                      
                                                                                                                                
There being  no further  OBJECTION, Conceptual  Amendment 1,                                                                    
to Conceptual Amendment 1, was ADOPTED.                                                                                         
                                                                                                                                
12:56:47 AM                                                                                                                   
                                                                                                                                
Representative Austerman offered  Conceptual Amendment 2, to                                                                    
Conceptual Amendment 1, as amended:                                                                                             
                                                                                                                                
     Page 2, lines11 through 17:                                                                                                
                                                                                                                                
          Delete all material                                                                                                   
                                                                                                                                
     Renumber the following sections accordingly                                                                                
                                                                                                                                
     Make conforming title amendment as necessary                                                                               
                                                                                                                                
Co-Chair Stoltze OBJECTED for the purpose of discussion.                                                                        
                                                                                                                                
Representative  Austerman explained  that under  the current                                                                    
law,  the funds  from gambling  money went  into the  cruise                                                                    
passenger fund, he felt that  the fund should continue to do                                                                    
so in  order to  support development around  the state.   He                                                                    
noted that  the funds  should be  used particularly  for the                                                                    
development of ports.                                                                                                           
                                                                                                                                
Representative  Fairclough asked  if the  current amount  of                                                                    
the  cruise  passenger  fund   was  available.  Mr.  Eckland                                                                    
believed it was between $5 and 6 million per year.                                                                              
                                                                                                                                
                                                                                                                                
12:59:57 AM                                                                                                                   
                                                                                                                                
Representative Doogan thought that  the affect of Conceptual                                                                    
Amendment  1,   to  Conceptual  Amendment  1,   changed  the                                                                    
language to  state that  the funds would  go to  the general                                                                    
fund, and that  Conceptual Amendment 2, would  put the funds                                                                    
into the commercial passenger vessel tax fund.                                                                                  
                                                                                                                                
Representative  Foster  queried the  need  for  a change  in                                                                    
which fund the money was distributed into.                                                                                      
                                                                                                                                
1:01:11 AM                                                                                                                    
                                                                                                                                
Mr.  Eckland stated  that the  gambling  funds were  general                                                                    
fund  revenues and  could  be used  for  any lawful  purpose                                                                    
determined  by the  legislature. He  believed the  intent of                                                                    
the amendment was to leave the current law in place.                                                                            
                                                                                                                                
Representative  Austerman   stated  that  the   current  law                                                                    
dictated  that the  proceeds from  the tax  on the  gambling                                                                    
operations aboard commercial passenger  vessels in the state                                                                    
marine waters  should be deposited  in a  special commercial                                                                    
vessel passenger account in the general fund.                                                                                   
                                                                                                                                
Representative Foster  understood that  the funds  could not                                                                    
be dedicated and that the law  was a reminder that the funds                                                                    
were to be used for infrastructure related to cruise ships.                                                                     
                                                                                                                                
Co-Chair Stoltze WITHDREW his OBJECTION.                                                                                        
                                                                                                                                
There  being no  further OBJECTION,  Conceptual Amendment  2                                                                    
was ADOPTED.                                                                                                                    
                                                                                                                                
1:03:54 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Thomas stated  that  the impact  of tourism  was                                                                    
equal for all communities and  that parity should be the end                                                                    
result for  all ports throughout  the state. He  pointed out                                                                    
to the  committee that  the effective  date would  not allow                                                                    
for the funds  to fulfill the capital budget  needs for this                                                                    
year. He urged the reexamination  of the legislation in 2015                                                                    
in  order  to distinguish  its  success.  He said  that  the                                                                    
regional  impact fund  was important  for developing  ports,                                                                    
but that the fund was now empty.                                                                                                
                                                                                                                                
1:07:07 AM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  wanted to pass  the legislation out  with a                                                                    
forthcoming fiscal note. He sensed  that the loss of revenue                                                                    
would be  neutral. He declared  that with the return  of the                                                                    
$34.50 tax,  the revenue reduction illustrated  on the first                                                                    
fiscal  note  to  accompany  the  original  bill  should  be                                                                    
honored.  Mr.  Eckland  argued  that  more  money  would  be                                                                    
distributed, which changed the original fiscal note.                                                                            
                                                                                                                                
CHRIS  POAG,  ASSISTANT  ATTORNEY  GENERAL,  COMMERCIAL/FAIR                                                                    
BUSINESS SECTION, DEPARTMENT OF  LAW, stated that the fiscal                                                                    
note would remain the same with the total of $22 million.                                                                       
                                                                                                                                
1:08:39 AM          AT EASE                                                                                                   
1:23:05 AM          RECONVENED                                                                                                
                                                                                                                                
Representative  Austerman MOVED  to  RESCIND  the action  on                                                                    
Conceptual Amendment 2.  There being no OBJECTION  it was so                                                                    
ordered.                                                                                                                        
                                                                                                                                
Representative   Austerman   MOVED   to   ADOPT   Conceptual                                                                    
Amendment 3:                                                                                                                    
                                                                                                                                
     Page 2, line 14 following "in"                                                                                             
                                                                                                                                
          Delete all material                                                                                                   
                                                                                                                                
          Insert "the large passenger vessel gaming and                                                                         
gambling  tax  account",  which  is  established  as  a  sub                                                                    
account of the fund established in AS 43.52.230(a)                                                                              
                                                                                                                                
Co-Chair Stoltze OBJECTED for the purpose of discussion.                                                                        
                                                                                                                                
Co-Chair Stoltze WITHDREW his OBJECTION.                                                                                        
                                                                                                                                
Representative Doogan pointed out  to the committee that the                                                                    
word  "the" needed  to be  added to  the amendment  to read:                                                                    
"the  large   passenger  vessel  gaming  and   gambling  tax                                                                  
account", which is established as  a sub account of the fund                                                                    
established in AS 43.52.230(a).                                                                                                 
                                                                                                                                
Representative  Fairclough  asked  if   in  the  work  draft                                                                    
amendment  offered by  Representative Thomas,  page 2,  line                                                                    
14, the word "commercial" should  be maintained or should it                                                                    
be  changed   to  "large",  which   was  reflected   in  the                                                                    
Conceptual Amendment 3 offered by Representative Austerman.                                                                     
                                                                                                                                
Mr. Poag stated that  the gambling tax proceeds specifically                                                                    
used the  term "large passenger  vessel". In naming  the sub                                                                    
account  the department  used language  that was  similar to                                                                    
language found in tax statute.                                                                                                  
                                                                                                                                
There  being no  further OBJECTION,  Conceptual Amendment  3                                                                    
was ADOPTED.                                                                                                                    
                                                                                                                                
1:27:20 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Thomas  MOVED  to REPORT  CS  SB  312(FIN),  26-                                                                    
LS1633\P,  as  amended,  out of  committee  with  individual                                                                    
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
Co-Chair Hawker OBJECTED for the purpose of discussion.                                                                         
                                                                                                                                
HCS CSSB  312(FIN) was  REPORTED out  of Committee  with "no                                                                    
recommendation" and  attached new fiscal impact  note by the                                                                    
Department of Revenue and  previously published fiscal note:                                                                    
FN2 (CED).                                                                                                                      
                                                                                                                                

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