Legislature(2001 - 2002)

05/06/2002 03:25 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 215-COMMON CARRIER LIQUOR LICENSE                                                                                          
                                                                                                                                
CHAIR MURKOWSKI announced  that the next order  of business would                                                               
be  CS  FOR  SENATE  BILL  NO.  215(FIN),  "An  Act  relating  to                                                               
licensing common  carriers to  dispense alcoholic  beverages; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
REPRESENTATIVE  HALCRO recalled  that  the  public testimony  was                                                               
closed on CSSB 215(FIN).                                                                                                        
                                                                                                                                
CHAIR MURKOWSKI informed the committee  that she had concern that                                                               
there  might  have been  some  small  [carriers] who,  upon  this                                                               
legislation coming  into effect,  would face  higher [fees].   In                                                               
looking through the  list of licensees in Alaska,  almost all the                                                               
smaller  entities with  a  common carrier  license  has a  common                                                               
carrier seasonal  license.  This common  carrier seasonal license                                                               
can be obtained for about half  the price and thus they're not in                                                               
the same  situation as Alaska  Airlines and its  multiple carrier                                                               
licenses.                                                                                                                       
                                                                                                                                
Number 0708                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  turned to the reference  labeled "SB 215                                                               
-  License Renewal  Breakdown".   He remarked  that the  "Others"                                                               
category seems significant in regard to the gains and losses.                                                                   
                                                                                                                                
CHAIR  MURKOWSKI  informed  the  committee  that  those  entities                                                               
impacted  by  this  [legislation  are]  ERA  Aviation,  Marriott,                                                               
Phillips Alaska,  Inc., Revolution Airways, the  State of Alaska,                                                               
United Airlines,  and the  White Pass  and Yukon  Route Railroad.                                                               
The others  have seasonal common  carrier licenses.   She related                                                               
her feeling that the [smaller]  seasonal operators are addressed.                                                               
In further  response to Representative Rokeberg,  Chair Murkowski                                                               
confirmed  that the  cruise ships  have to  sign up  as well  and                                                               
pointed  out that  they are  seasonal as  well.   She noted  that                                                               
these  fees haven't  increased since  1980.   [This  legislation]                                                               
would  raise the  fees  for  everyone and  pass  the discount  to                                                               
Alaska Airlines.                                                                                                                
                                                                                                                                
CHAIR MURKOWSKI commented  that she didn't how  other states deal                                                               
with their licensure fees.   The sponsor statement specifies that                                                               
what  Alaska Airlines  pays  in Alaska  is  an inordinate  amount                                                               
compared  to  what it  pays  in  other  states.   Therefore,  she                                                               
questioned whether  there are other  taxes that the  other states                                                               
might impose in  addition to the licensure fee,  which would make                                                               
Alaska's licensure  fee look incongruent with  the licensure fees                                                               
of other states.                                                                                                                
                                                                                                                                
REPRESENTATIVE HALCRO related his  belief that the difference may                                                               
have to do with landing fees.                                                                                                   
                                                                                                                                
Number 1050                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI informed  the committee that Texas  charges a per                                                               
drink  tax on  alcohol consumed  over the  air in  Texas.   Chair                                                               
Murkowski announced that the bill  could be held until answers to                                                               
the committee's questions are received.                                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG noted his preference to move the bill.                                                                  
                                                                                                                                
CHAIR  MURKOWSKI restated  her question  regarding whether  other                                                               
states  charge  other fees  related  to  alcohol provided  by  an                                                               
airline that the state would recoup.                                                                                            
                                                                                                                                
Number 1140                                                                                                                     
                                                                                                                                
DON  SMITH,   Staff  to  Senator   John  Cowdery,   Alaska  State                                                               
Legislature, said  that he didn't  know.  In further  response to                                                               
Chair  Murkowski, Mr.  Smith  answered that  he  didn't know  how                                                               
Alaska  has  gotten so  "out  of  whack"  with the  other  states                                                               
because  he wasn't  familiar  with how  other  states charge  for                                                               
liquor licenses.   Mr. Smith mentioned  [Alaska Airlines'] growth                                                               
and [the fact]  that in the aggregate about 40  percent of Alaska                                                               
Airlines' air time  is spent in Alaska.  Mr.  Smith recalled that                                                               
there were  problems each time  an airplane was licensed  when it                                                               
received a new start-up date.                                                                                                   
                                                                                                                                
CHAIR MURKOWSKI  remarked that Section  1 seems important  due to                                                               
making it easier to obtain the licensing.                                                                                       
                                                                                                                                
MR. SMITH  pointed out  that eventually everything  will be  on a                                                               
two-year cycle.                                                                                                                 
                                                                                                                                
CHAIR MURKOWSKI  characterized this matter  as a policy  call and                                                               
noted that this would be a direct benefit to Alaska Airlines.                                                                   
                                                                                                                                
Number 1274                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG expressed  concern  with  regard to  the                                                               
symmetry between  the $1,000 fee  for the first ten  licenses and                                                               
the $100 fee  for each thereafter, as it relates  to the seasonal                                                               
fees.                                                                                                                           
                                                                                                                                
MR.  SMITH   indicated  that  the   [licenses]  fall   under  the                                                               
applicable fee.   He  noted that  some of  the trains  and cruise                                                               
ships  purchase  a  half-year  license, which  is  cheaper.    He                                                               
related that someone  had told him that West Tours  would have to                                                               
have three  more train  cars before  this legislation  would make                                                               
economic sense  for them.   Although this legislation  is written                                                               
as if  it will impact  everyone, it  only impacts one  carrier at                                                               
the moment.                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG related his  belief that this legislation                                                               
will increase the fees on  everyone else until the entity reaches                                                               
the number of ten aircraft or train cars.                                                                                       
                                                                                                                                
MR. SMITH  said that  his understanding is  that those  with less                                                               
than ten would stay under the current [license fees].                                                                           
                                                                                                                                
CHAIR  MURKOWSKI  interjected  her  belief that  the  reason  the                                                               
smaller entities would be Okay under  this is because most of the                                                               
smaller entities operate under a seasonal license.                                                                              
                                                                                                                                
MR. SMITH indicated agreement that such  is the case and would be                                                               
the case unless the entity grew.                                                                                                
                                                                                                                                
CHAIR MURKOWSKI  directed attention  to Section 3,  which relates                                                               
that this legislation applies to  a new common carrier dispensary                                                               
license  or renewal  occurring on  or after  the effective  date.                                                               
Therefore, if the  licenses are up for renewal  every other year,                                                               
these  entities  will fall  under  these  renewal fees  [at  that                                                               
time].                                                                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that this has to do with Title 4.                                                                 
                                                                                                                                
Number 1407                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI commented  that it seems a bit  ironic to provide                                                               
a break in  the amount collected from a carrier  on the carrier's                                                               
license  to dispense  alcoholic  beverages  when the  legislature                                                               
just voted to increase the alcohol tax.                                                                                         
                                                                                                                                
REPRESENTATIVE  MEYER,  after  discussion, surmised  that  Alaska                                                               
Airlines  would  probably  buy  alcohol  in  Alaska  because  its                                                               
cheaper in Alaska when one considers the taxes in Seattle.                                                                      
                                                                                                                                
The committee took an at-ease from 3:50 p.m. to 3:52 p.m.                                                                       
                                                                                                                                
CHAIR MURKOWSKI  recalled that one  of the questions  hasn't been                                                               
answered and thus this legislation would be held to Wednesday.                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG  remarked that it would  be impossible to                                                               
sort  out  the landing  fees  that  may  be incorporated  in  the                                                               
[license fees] of other states.                                                                                                 
                                                                                                                                
CHAIR  MURKOWSKI  disagreed  and  remarked that  someone  in  the                                                               
administration  of  Alaska Airlines  should  be  able to  specify                                                               
what, beyond the license fee, is paid in various states.                                                                        
                                                                                                                                
REPRESENTATIVE  ROKEBERG  suggested that  a  list  of the  common                                                               
carrier license fees in each state would probably be adequate.                                                                  
                                                                                                                                
CHAIR MURKOWSKI  agreed that  might be  helpful.   She reiterated                                                               
that the legislation would be held until Wednesday.                                                                             

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