HB 355-MOBILE TELECOMMUNICATIONS TAX   CO-CHAIR MEYER announced that the first order of business would be HOUSE BILL NO. 355, "An Act relating to the taxation of mobile telecommunications services by municipalities; and providing for an effective date." Number 0222 REPRESENTATIVE MURKOWSKI moved to adopt CSHB 355, Version 22- LS1208\F, Kurtz, 3/6/02, as the working document. There being no objection, Version F was before the committee. AMY ERICKSON, Staff to Representative Murkowski, Alaska State Legislature, testified on behalf of the sponsor, the House Labor & Commerce Standing Committee. She explained that Version F is much simpler. Per the Department of Revenue's request, [Version F] cites the federal act by reference. Furthermore, Representative Kerttula suggested the deletion of the section regarding the requirement for the customer to notify the company in writing of a dispute over a tax, charge, or fee. That section has been deleted. Ms. Erickson recalled Representative Guess' discussion regarding the primary place of use being a street address. Ms. Erickson said, "I think that we understand now that the federal act defines place of primary use in a manner that is sufficient to you [Representative Guess] and Representative Murkowski." MS. ERICKSON informed the committee of the amendment [in the committee packet] labeled 22-LS1208\F.1, Kurtz, 3/13/02. This amendment would address those people in Alaska who don't have a street address, which is common in Alaska. This amendment would allow those without a street address to establish a primary place of use without having their street address listed. Number 0381 REPRESENTATIVE MURKOWSKI turned to the prior hearing's discussion regarding the fiscal note for HB 355. As a consequence of the changes incorporated in Version F, Representative Murkowski understood that the Department of Revenue's fiscal note is now zero. Representative Murkowski highlighted that all of the concerns voiced at the last hearing have been addressed and thus she said she feels that Version F follows the intent of the federal act and will work in Alaska. CO-CHAIR MEYER inquired as to whether this legislation could be passed out with a fiscal note pending. MS. ERICKSON pointed out that the original fiscal note was zero [but the analysis had raised some concerns]. Therefore, the new fiscal note is "more civilized." CHUCK HARLAMERT, Juneau Section Chief, Tax Division, Department of Revenue, announced that all of the [department's] concerns that were raised at the last hearing have been addressed. "It looks like a clean bill from here," he remarked. Number 0598 REPRESENTATIVE MURKOWSKI moved that the committee adopt Amendment F.1, which reads as follows: Page 3, following line 12: Insert a new subsection to read: "(d) For the purposes of this section, if a customer does not have a street address, the home service provider may accept from the customer as the customer's place of primary use an address that is not a street address if the address gives effect to the intent of 4 U.S.C. 116 - 126 (Mobile Telecommunications Sourcing Act)." There being no objection, Amendment F.1 was adopted. Number 0690 DAN YOUMANS, Director, External Affairs, AT&T Wireless, testified via teleconference. Mr. Youmans said that [AT&T Wireless] supports all of the proposed changes [encompassed in Version F] as well as Amendment F.1. "I think we have arrived at a very good piece of legislation now, and we're in full support of it," he said. Number 0750 REPRESENTATIVE HALCRO moved to report CSHB 355 [Version 22- LS1208\F, Kurtz, 3/6/02] as amended out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 355(CRA) was reported from the House Community and Regional Affairs Standing Committee. The committee took a brief at-ease from 8:19 a.m. to 8:21 a.m.