SENATOR TAYLOR introduced CSSSHB 397(FIN) (TAXING POWER OF SECOND CLASS CITIES) as the next order of business. DAVID KAMRATH, staff to Representative Harley Olberg, said AS 29.45.590 presents an operations and economic development problem for second class cities. That law places a 5 mill limit on the rate of real and personal property taxes that they may levy, and given new and emerging fiscal problems of the state, which result in less municipal assistance and revenue sharing, less state and federal grant monies, and heavy competition for those scarce dollars, second class cities face revenue shortfalls which threaten their economic stability and hinder development. Mr. Kamrath explained that HB 397 allows a second class city to levy a property tax of 20 mills (2 percent) without a referendum. However, the City of Whittier, which requested the legislation, is not in favor of raising the millage rate without a referendum, and he requested that the committee amend the bill to put the referendum requirement back in the bill. Number 443 SENATOR TAYLOR moved to reinsert the referendum requirement on page 1, line 5. Hearing no objection, he stated the amendment was adopted and it would incorporated into a Judiciary SCS. Number 461 SENATOR TAYLOR asked if Representative Olberg had looked at whether a second class city like Whittier could establish a right to tax the Alaska Railroad on its assets. MR. KAMRATH answered that that issue was looked at last year and it was ruled that they could not tax the railroad. Number 475 SENATOR LITTLE inquired why these second class cities would not consider reclassifying to a first class city, because that would take away the taxation limits. MR. KAMRATH answered that to become a first class city there has to be a population of 400 or more, and the population of Whittier is currently 279. Number 505 SENATOR TAYLOR asked for the pleasure of the committee. SENATOR LITTLE moved that SCS CSSSHB 397(JUD) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.