Alaska 30th Legislature (2017-2018) Status: In Committee

SB 110 — An Act establishing the Travel Alaska Board; relating to a tourism marketing assessment; and establishing a tourism marketing fund.

Last action — Referred to Finance

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 30th Legislature (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

13 added · 15 removed

Plain-language change summary

The updated version of Bill SB 110 introduces important changes regarding the establishment of the Travel Alaska Board and the related tourism marketing assessment. The bill now allows for the collection of a tourism marketing assessment from businesses, with various rates tied to their gross revenue, helping to create a dedicated fund for marketing Alaska as a travel destination. This change aims to enhance funding for tourism marketing through a self-sustaining program, thereby supporting the state's tourism industry and promoting economic growth. Additionally, the bill clarifies the procedures for elections regarding assessments and board member appointments, ensuring more transparency and industry involvement in these decisions.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2017 Session Laws & Resolves 2018 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills CSSB 110(L&C) Detail FullText txt CSSB 110(L&C):
and establishing a tourism marketing fund." SENATE BILL NO.
and establishing a tourism marketing fund." CS FOR SENATE BILL NO.
110 01 "An Act establishing the Travel Alaska Board;
110(L&C) 01 "An Act establishing the Travel Alaska Board;
The uncodified law of the State of Alaska is amended by adding a new section 05 to read:
AS 43.52.050(a) is amended to read:
06 LEGISLATIVE FINDINGS.
05 (a) Except as provided in (c) of this section, the [THE] taxes imposed by 06 AS 43.52.010 - 43.52.099 shall be collected and paid to the department 07 (1) by the person who provides the leased or rented vehicle;
The legislature finds that 07 (1) the Twenty-Ninth Alaska State Legislature, through adoption of CCS HB 256, requested that the Alaska Tourism Marketing Board "develop a plan to phase out 09 reliance on unrestricted general funds for marketing, moving toward a self-sustaining program 10 funded by industry to be implemented in the FY18 budget and present the plan to the House 11 and Senate Finance Committees by November 1, 2016";
and 08 (2) in the manner and at the times required by the department by 09 regulation.
12 (2) this Act is the industry's plan to comply with the legislature's request in 13 CCS HB 256;
10 * Sec.
14 (3) tourism is among the largest industries in the state, contributing over $4,170,000,000 to the state economy and employing an estimated 47,000 residents in 2014 02 and 2015;
03 (4) to retain and expand the tourism industry in the state, it is necessary to 04 market travel to and within the state;
05 (5) state funding, while an important component of marketing, has been 06 unable to generate sufficient funds to meet the threshold levels of funding necessary to 07 reverse losses of the state's tourism market share;
08 (6) it is in the public interest of the state and vital to the welfare of the 09 economy of the state to expand the market for, and develop, tourism through a cooperative 10 partnership funded by business assessments that will allow promotion and communication 11 programs;
12 (7) the mechanisms proposed by this Act are intended to advance and expand 13 tourism in the state for the benefit of the state and the tourism industry in the state;
14 (8) programs implemented under this chapter are intended to complement the 15 marketing activities of individual competitors within the travel and tourism industry;
16 (9) while it is recognized that smaller businesses participating in the travel and 17 tourism market often lack the resources or market power to conduct those activities on their 18 own, this Act is intended to benefit businesses of all sizes;
19 (10) this Act is not intended to impede and does not impede the right or ability 20 of individual businesses to conduct activities designed to increase generally the travel and 21 tourism market or to increase their own respective shares of the travel and tourism market in 22 the state;
23 (11) nothing in this Act is intended to prevent an individual business in the 24 tourism industry from seeking to expand its market through alternative or complementary 25 means, or both;
26 (12) the advertising initiatives of an individual business are typically designed 27 to increase its share of the travel and tourism segment rather than to increase or expand the 28 overall size of that market;
in contrast, promotion of the state as a travel and tourism 29 destination is intended and designed to increase the overall demand for travel and tourism in 30 the state, thus increasing the size of the market;
31 (13) the mechanisms in this Act will use promotion methods and techniques that individual businesses typically are unable or have no incentive to employ;
02 (14) this Act creates a mechanism to fund promotions that further specific 03 state governmental goals, as established by the legislature, and results in a promotion program 04 that produces nonideological and commercial communication that bears the characteristics 05 and is entitled to all the privileges and protections of government speech;
06 (15) the programs implemented under this Act will be carried out in an 07 effective and coordinated manner that is designed to strengthen the travel and tourism 08 industry and the state's economy as a whole;
09 (16) an industry-approved assessment provides a private-sector financing 10 mechanism to fund the amount of marketing necessary to increase tourism marketing 11 expenditures in the state;
12 (17) the goal of the assessments is to assess the least amount for each business 13 in the least intrusive manner and spread across the greatest practical number of tourism 14 industry segments;
and 15 (18) the Travel Alaska Board will design the assessment to raise the amount of 16 revenue needed to market effectively travel and tourism to and within the state.
17 * Sec.
AS 43.52.080(c) is amended to read:
AS 43.52.050 is amended by adding a new subsection to read:
18 (c) The legislature may appropriate the actual balance of the vehicle rental tax 19 account to the Alaska tourism marketing fund established under AS 45.90.181 for 20 tourism development and marketing.
11 (c) A person collecting and remitting the tax imposed by AS 43.52.010 - 12 43.52.099 may request, at the time the tax is remitted to the department, to have all or 13 a portion of the tax revenue deposited into the Alaska tourism marketing fund 14 established under AS 44.25.295.
This section is not intended to create a dedicated 21 fund.
* Sec.
22 * Sec.
AS 45 is amended by adding a new chapter to read:
AS 43.52.080(b) is amended to read:
23 Chapter 90.
02 (b) The proceeds of the vehicle rental taxes imposed by AS 43.52.010 - 03 43.52.099 shall be deposited into the general fund and accounted for under 04 AS 37.05.142.
In addition, the department shall separately account for those 05 proceeds that persons have requested be appropriated to the Alaska tourism 06 marketing fund established under AS 44.25.295 [A SPECIAL VEHICLE RENTAL 07 TAX ACCOUNT IN THE GENERAL FUND].
08 * Sec.
4.
AS 43.52.080(c) is amended to read:
09 (c) The legislature may appropriate to the Alaska tourism marketing fund 10 established under AS 44.25.295 the tax proceeds that persons have, under 11 AS 43.52.050(c), requested be appropriated to the Alaska tourism marketing 12 fund [ACTUAL BALANCE OF THE VEHICLE RENTAL TAX ACCOUNT FOR 13 TOURISM DEVELOPMENT AND MARKETING].
This section is not intended to 14 create a dedicated fund.
15 * Sec.
5.
AS 44.25 is amended by adding new sections to read:
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16 Article 4.
24 Sec.
17 Sec.
45.90.011.
44.25.200.
The Travel Alaska Board 25 is established within the Department of Commerce, Community, and Economic 26 Development.
The Travel Alaska Board 18 is established in the department.
Exercise by the board of the powers conferred under this chapter is an 27 essential governmental function of the state.
Exercise by the board of the powers conferred by 19 AS 44.25.200 - 44.25.300 is an essential governmental function of the state.
28 Sec.
20 Sec.
45.90.021.
44.25.205.
(a) The board consists of between 21 and 25 29 voting board members elected by representatives of assessed tourism businesses.
(a) The board consists of between 21 and 25 21 voting board members appointed by the governor.
30 Board members shall represent tourism sectors, business sizes, and regions in the state 31 listed in AS 44.33.136(b)(1), and at least a majority of the board shall be representatives of assessed businesses.
The board must have an odd 22 number of members.
In an election to elect board members, the 02 votes by representatives of assessed businesses shall be weighted by the estimated 03 amount of the assessment each assessed business would pay in the subsequent 04 calendar year.
23 (b) The governor shall fill a vacancy in the voting membership of the board 24 from a list of nominees submitted by the board.
The candidate who receives the greatest number of weighted votes is 05 elected.
The governor may reject a list or a 25 portion of a list submitted under this subsection and request that the board submit 26 another list.
06 (b) All voting members of the board shall be members of the leading statewide 07 nonprofit tourism marketing association.
A list submitted to the governor by the board under this subsection for a 27 vacancy 28 (1) caused by the expiration of a term shall be composed of the 29 nominees that received the highest percentages of votes in an election of assessed 30 tourism businesses, based on weighted votes, as described in AS 44.25.275;
08 (c) In addition to the voting members of the board, the board may include 09 additional ex officio, nonvoting members.
31 (2) not caused by the expiration of a term shall be composed of nominees approved by the board;
A nonvoting member need not be a member 10 of a leading statewide nonprofit tourism marketing association.
a nominee approved by the board under this 02 paragraph is not required to have previously been the subject of an election under 03 AS 44.25.275.
11 (d) The board members shall annually elect a chair and vice-chair from among 12 the board's members.
04 (c) Board members shall represent tourism segments, business sizes, and 05 regions in the state listed in AS 44.33.136(b)(1).
13 Sec.
A voting member of the board shall 06 be both a representative of an assessed business and a member of the leading statewide 07 nonprofit tourism marketing association.
45.90.031.
Notwithstanding AS 39.05.100, a board 08 member is not required to be a registered voter or a resident of the state.
09 (d) In addition to the voting members of the board, the board may elect ex 10 officio nonvoting members.
A nonvoting member need not be a member of the leading 11 statewide nonprofit tourism marketing association and may not be counted for the 12 purposes of establishing a quorum, taking an action, or adopting a motion or resolution 13 under AS 44.25.220.
14 (e) The board members shall annually elect a chair and vice-chair from among 15 the board's voting members.
16 Sec.
44.25.210.
Board members serve staggered three-year 14 terms and may be reelected.
Board members appointed under 17 AS 44.25.205(a) serve staggered three-year terms and may be reappointed.
An individual elected by the board to fill a vacancy shall 15 hold office for the balance of the term for which the board member's predecessor on 16 the board was elected.
An 18 individual appointed to fill a vacancy shall hold office for the balance of the term for 19 which the board member's predecessor on the board was appointed.
17 Sec.
20 Sec.
45.90.041.
44.25.215.
Removal and vacancies.
Removal.
Board members may be removed 18 from the board by a majority vote of the board following a hearing for abuse of office 19 or moral turpitude.
Board members may be removed from the board by 21 the governor for cause.
A vacancy on the board occurring other than by expiration of term 20 shall be filled by a majority vote of the remaining board members, but only for the 21 unexpired term.
The board may suggest to the governor the removal of a board 22 member.
22 Sec.
23 Sec.
45.90.051.
44.25.220.
A majority of the board members plus one board 23 member constitute a quorum for the transaction of business and the exercise of the 24 powers and duties of the board.
(a) A majority of the voting members of the board 24 constitutes a quorum for the transaction of business and the exercise of the powers and 25 duties of the board.
25 Sec.
The board may approve an election for the levy, amendment, or 26 termination of an assessment only by an affirmative vote of a majority of the full 27 voting membership of the board.
45.90.061.
All other actions may be taken and motions and 28 resolutions may be adopted upon an affirmative vote of a majority of the voting 29 members present.
30 (b) The board may meet and transact business by electronic media.
Actions 31 taken at a meeting held by electronic media under this subsection have the same legal effect as actions taken at a meeting held in person.
02 Sec.
44.25.225.
Board members receive 26 no salary and are not entitled to per diem or travel expenses.
Board members receive 03 no salary and are not entitled to per diem or travel expenses.
27 Sec.
04 Sec.
45.90.071.
44.25.230.
A 28 meeting of the board shall occur at the call of the chair or upon the written request of 29 five members of the board.
A 05 meeting of the board shall occur at the call of the chair or upon the written request of 06 five members of the board.
30 Sec.
07 Sec.
45.90.081.
44.25.235.
Administration of board.
Administration and regulations.
The board may request 31 administrative support from the leading statewide nonprofit tourism marketing association.
(a) The board may request 08 administrative support from the leading statewide nonprofit tourism marketing 09 association.
The board shall work with the leading statewide nonprofit tourism 02 marketing association to accomplish the purposes of this chapter.
The board shall work with the leading statewide nonprofit tourism 10 marketing association to accomplish the purposes of AS 44.25.200 - 44.25.300.
03 Sec.
11 (b) The board shall adopt definitions for "tourism industry," "tourism 12 segment," and "tourism business" and provide them to the department.
45.90.091.
The department 13 shall adopt definitions for "tourism industry," "tourism segment," and "tourism 14 business" for the purposes of administering the tax under AS 44.25.200 - 44.25.300 15 after receiving the definitions adopted by the board under this section.
The department 16 may, for the purpose of adopting regulations defining "tourism industry," "tourism 17 segment," and "tourism business," accept the board's definitions or reject the board's 18 definitions and request alternate definitions from the board.
19 Sec.
44.25.240.
In carrying out the powers of the board, 04 the board may 05 (1) prescribe, adopt, amend, and repeal policies related to the board;
In carrying out the powers of the board, 20 the board may 21 (1) prescribe, adopt, amend, and repeal policies related to the board;
06 (2) cooperate with a public or private board, organization, or agency 07 engaged in work or activities similar to the work or activities of the board for 08 destination marketing programs, including market research;
22 (2) cooperate with a public or private board, organization, or agency 23 engaged in work or activities similar to the work or activities of the board for 24 destination marketing programs, including market research;
09 (3) establish offices in the state and otherwise incur expenses 10 incidental to the performance of its duties;
25 (3) establish offices in the state and otherwise incur expenses 26 incidental to the performance of its duties;
11 (4) appear on behalf of the board before boards, commissions, 12 departments, or other agencies of municipal, state, or federal government;
27 (4) appear on behalf of the board before boards, commissions, 28 departments, or other agencies of municipal, state, or federal government;
13 (5) acquire, hold, lease, sell, or otherwise dispose of property, but the 14 property is limited to that which is necessary to the administrative functioning of the 15 board;
29 (5) acquire, hold, lease, sell, or otherwise dispose of property, but the 30 property is limited to that which is necessary to the administrative functioning of the 31 board;
16 (6) approve the expenditure of, and enter into agreements related to, 17 the expenditure of funds appropriated by the legislature to the board;
(6) approve and enter into agreements related to the expenditure of 02 funds appropriated by the legislature to the board;
18 (7) adjust the number of board members before an upcoming election 19 within the range specified in AS 45.90.021(a);
03 (7) designate or remove ex officio, nonvoting members of the board.
20 (8) designate or remove ex officio, nonvoting members of the board.
04 Sec.
21 Sec.
44.25.245.
45.90.101.
The board shall 22 (1) conduct programs of destination marketing, research, advertising, 23 or sales promotion designed to retain and expand the tourism industry in the state;
The board shall 05 (1) conduct programs of destination marketing, research, advertising, 06 or sales promotion designed to retain and expand the tourism industry in the state;
24 (2) promote all assessed tourism businesses;
07 (2) promote all assessed segments of the tourism industry;
25 (3) prepare market research and marketing plans for the promotion of 26 assessed tourism businesses;
08 (3) prepare market research and marketing plans for the promotion of 09 assessed segments of the tourism industry;
27 (4) consider the return on investment for all nonadministrative 28 expenditures of assessment funds;
10 (4) consider the return on investment for all nonadministrative 11 expenditures of assessment funds;
29 (5) submit an annual report to the governor, assessed tourism 30 businesses, and the senate secretary and chief clerk of the house of representatives on 31 or before the first day of each regular session of the legislature and notify the legislature that the report is available;
12 (5) submit an annual report to the governor, assessed tourism 13 businesses, and the senate secretary and chief clerk of the house of representatives on 14 or before the first day of each regular session of the legislature and notify the 15 legislature that the report is available;
the report must 02 (A) describe the activities of the board;
the report must 16 (A) describe the activities of the board;
03 (B) summarize the income and expenses of the board;
17 (B) summarize the income and expenses of the board;
04 (C) provide the balance of the Alaska tourism marketing fund 05 established under AS 45.90.181;
18 (C) provide the balance of the Alaska tourism marketing fund 19 established under AS 44.25.295;
and 06 (D) summarize and report on the tourism marketing plan;
and 20 (D) summarize and report on the tourism marketing plan;
07 (6) annually prepare a written marketing plan;
21 (6) annually prepare a written marketing plan;
the plan must promote 08 travel and tourism in the state and must include 09 (A) an evaluation of the previous year's budget and activities;
the plan must promote 22 travel and tourism in the state and must include 23 (A) an evaluation of the previous year's budget and activities;
10 (B) a review of state tourism trends, conditions, and 11 opportunities;
24 (B) a review of state tourism trends, conditions, and 25 opportunities;
12 (C) an identification of target audiences for tourism marketing 13 expenditures;
26 (C) an identification of target audiences for tourism marketing 27 expenditures;
14 (D) marketing strategies, objectives, and targets;
28 (D) marketing strategies, objectives, and targets;
15 (E) the assessment rate applicable to assessed tourism 16 businesses;
29 (E) the current assessment rate applicable to assessed tourism 30 segments;
and 17 (F) the budget for the current year;
and 31 (F) the budget for the current year;
18 (7) promote travel and tourism to increase the number of persons 19 traveling to and within the state;
(7) promote travel and tourism to increase the number of persons 02 traveling to and within the state;
and 20 (8) consider the return on investment for all nonadministrative 21 expenditures.
and 03 (8) determine the segments of the tourism industry that provide similar 04 goods and services to travelers;
22 Sec.
a business segment must be defined with sufficient 05 clarity to allow for the cost-effective identification of tourism businesses within that 06 business segment.
45.90.111.
07 Sec.
44.25.250.
An expenditure of the board 23 (1) must be consistent with the marketing plan described in 24 AS 45.90.101(6);
An expenditure of the board 08 (1) must be consistent with the marketing plan prepared under 09 AS 44.25.245(6);
and 25 (2) may not be spent on capital or infrastructure improvement projects;
and 10 (2) may not be spent on capital or infrastructure improvement projects;
26 for purposes of this paragraph, capital or infrastructure improvement projects do not 27 include information technology improvements, website development and maintenance, 28 or office equipment.
11 for purposes of this paragraph, capital or infrastructure improvement projects do not 12 include information technology improvements, website development and maintenance, 13 or office equipment.
29 Sec.
14 Sec.
45.90.121.
44.25.255.
Alaska tourism marketing assessment.
Levy or amendment of the Alaska tourism marketing 15 assessment.
(a) An election under 30 AS 45.90.141 shall be held if the proposed election for the levying of an assessment 31 under (c)(1), (2), (3), (4), (5), or (6) of this section is approved by a majority of the whole membership of the board at a regularly scheduled meeting.
(a) An election under AS 44.25.270 shall be held if the proposed election 16 for levying or amending the rate of an assessment under (c) of this section is approved 17 by the board.
02 (b) An assessment shall be levied on the assessed gross revenue of the sales of 03 an assessed tourism business at a rate provided under (c)(1), (2), (3), (4), (5), or (6) of 04 this section if an election is held under AS 45.90.141 at which an assessment rate 05 under (c)(1), (2), (3), (4), (5), or (6) of this section is approved by tourism businesses 06 who together constitute more than 50 percent of the total estimated assessed gross 07 revenue of all assessed tourism businesses that voted in the election during the 08 calendar year.
18 (b) An assessment shall be levied on the gross revenue of a tourism business 19 that is related to an assessed business segment at a rate provided under (c) of this 20 section if an election is held under AS 44.25.270 at which the rate under (c) of this 21 section is approved, as determined under AS 44.25.275.
09 (c) An assessment under this section may require an assessed tourism business 10 to pay an assessment of 11 (1) 0.5 percent of the total assessed gross revenue of the assessed 12 tourism businesses;
Each business segment may 22 be assessed at a different rate.
13 (2) one percent of the total assessed gross revenue of the assessed 14 tourism businesses;
Only those rates stated in (c) of this section may be 23 considered for an assessment on a segment of the tourism industry.
15 (3) 1.25 percent of the total assessed gross revenue of the assessed 16 tourism businesses;
24 (c) An assessment under this section may require a tourism business engaging 25 in a segment of the tourism industry to pay an assessment of 26 (1) zero percent of the gross revenue related to the assessed segment;
17 (4) 1.5 percent of the total assessed gross revenue of the assessed 18 tourism businesses;
27 (2) 0.25 percent of the gross revenue related to the assessed segment;
19 (5) 1.75 percent of the total assessed gross revenue of the assessed 20 tourism businesses;
28 (3) 0.5 percent of the gross revenue related to the assessed segment;
21 (6) two percent of the total assessed gross revenue of the assessed 22 tourism businesses.
29 (4) 0.75 percent of the gross revenue related to the assessed segment;
23 (d) An assessed tourism business shall pay the assessment.
30 (5) one percent of the gross revenue related to the assessed segment;
Each assessed 24 tourism business may pass the cost of the assessment on to its customers at the time a 25 transaction is consummated.
31 (6) 1.25 percent of the gross revenue related to the assessed segment;
If the cost is passed on to a customer, the assessed 26 tourism business shall disclose the amount in advance and separately state the amount 27 from the amount charged and any other applicable taxes, and shall give each customer 28 a receipt of payment.
(7) 1.5 percent of the gross revenue related to the assessed segment;
The assessment shall be disclosed as the "Alaska tourism 29 marketing assessment." The assessment is imposed solely on, and is the sole 30 obligation of, the assessed tourism business, even if it is passed on to customers.
02 (8) 1.75 percent of the gross revenue related to the assessed segment;
The 31 assessment may not be considered revenue for any purpose, including calculation of taxes.
03 (9) two percent of the gross revenue related to the assessed segment.
02 (e) The board shall determine the business segments of a category that 03 provides similar goods and services to tourists that will be included in the election 04 under (b) of this section.
04 (d) The board shall advertise an election held for the purpose of levying or 05 amending an assessment under AS 44.25.270 and, before an election is held under 06 AS 44.25.270, shall schedule public meetings for potential assessed tourism 07 businesses to provide input to the board.
To be assessed, a business segment must be defined with 05 sufficient clarity to allow for the cost-effective identification of assessed tourism 06 businesses within that business segment.
08 Sec.
07 (f) The board shall widely advertise an election held under (b) of this section 08 and, before an election is held under (b) of this section, shall schedule public meetings 09 for potential assessed tourism businesses to provide input to the board.
44.25.260.
10 (g) Before the term of an assessment is terminated under AS 45.90.131(a)(1), 11 an election must be held under (b) of this section for the assessment to continue.
Collection of and information related to the Alaska tourism 09 marketing assessment.
12 (h) A return or other information furnished to the board or the Department of 13 Revenue by an assessed tourism business under this chapter is confidential and may 14 not be disclosed except 15 (1) by a person during the performance of an official duty under this 16 chapter;
(a) A tourism business shall pay the assessment levied under 10 AS 44.25.200 - 44.25.300.
17 (2) to comply with a court order;
Each assessed tourism business may pass the cost of the 11 assessment on to its customers at the time a transaction is consummated.
18 (3) in the course of a proceeding, hearing, or litigation involving an 19 assessment;
If the cost is 12 passed on to a customer, the assessed tourism business shall disclose the amount in 13 advance and separately state the amount from the amount charged and any other 14 applicable taxes, and shall give each customer a receipt of payment.
or 20 (4) upon written consent of the assessed tourism business.
The assessment 15 shall be disclosed as the "Alaska tourism marketing assessment." The assessment is 16 imposed solely on, and is the sole obligation of, the assessed tourism business, even if 17 it is passed on to customers.
21 (i) Information obtained by the board or the Department of Revenue to 22 determine the assessment for an assessed tourism business is not a public record for 23 purposes of AS 40.25.100 - 40.25.130.
The assessment may not be considered revenue for any 18 purpose, including calculation of taxes.
24 (j) The Department of Revenue may require an assessed tourism business to 25 (1) maintain books and records that verify the gross revenue of the 26 business for purposes of the assessment;
19 (b) A return or other information furnished to the board or the department by 20 an assessed tourism business under AS 44.25.200 - 44.25.300 is confidential and may 21 not be disclosed except 22 (1) by a person during the performance of an official duty under 23 AS 44.25.200 - 44.25.300;
27 (2) furnish any requested information;
24 (2) to comply with a court order;
and 28 (3) permit the inspection by the Department of Revenue of portions of 29 books and records that relate to the gross revenue of the business or the amount of the 30 assessment.
25 (3) in the course of a proceeding, a hearing, or litigation involving an 26 assessment;
31 Sec.
or 27 (4) upon written consent of the assessed tourism business.
45.90.131.
28 (c) Information obtained by the board or the department to determine the 29 assessment for an assessed tourism business is not a public record for purposes of 30 AS 40.25.100 - 40.25.130.
31 (d) The department may require an assessed tourism business to (1) maintain books and records that verify the gross revenue of the 02 business for purposes of the assessment;
03 (2) furnish any requested information;
and 04 (3) permit the inspection by the department of portions of books and 05 records that relate to the gross revenue of the business or the amount of the 06 assessment.
07 Sec.
44.25.265.
(a) An assessment shall be terminated on the earlier of 02 (1) six years after the date of the first assessment;
08 (a) An assessment shall be terminated on the earlier of 09 (1) six years after the date of the first assessment;
or 03 (2) the effective date stated on a ballot approved under the procedures 04 described in AS 45.90.141 in which the termination is approved by assessed tourism 05 businesses who together constitute more than 50 percent of the total assessed gross 06 revenue of all assessed tourism businesses that voted in the election during the 07 calendar year.
or 10 (2) the effective date stated on a ballot approved under the procedures 11 described in AS 44.25.270 in which the termination is approved, as determined under 12 AS 44.25.275.
08 (b) An election under (a)(2) of this section shall be held if the proposed 09 election for the termination of the assessment is approved by a majority of the whole 10 membership of the board at a regularly scheduled meeting.
13 (b) An election under AS 44.25.270 for the termination of an assessment shall 14 be held if the proposed election for the termination of the assessment is approved by 15 the board.
The board shall provide 11 notice of an election in accordance with AS 45.90.141 within 60 days after the board 12 approves termination of the assessment.
16 Sec.
13 Sec.
44.25.270.
45.90.141.
Election procedures.
Procedures for an election to approve or terminate the 14 Alaska tourism marketing assessment.
(a) The board may conduct an election 17 under this section after the director of elections approves the 18 (1) notice to be published by the board;
(a) The board may conduct an election under 15 this section after the director of elections approves 16 (1) the notice to be published by the board;
19 (2) ballot to be used in the election;
17 (2) the ballot to be used in the election;
and 20 (3) registration and voting procedures.
and 18 (3) the registration and voting procedures for the approval or 19 termination of the assessment.
21 (b) In conducting an election under this section, the board shall 22 (1) adopt a proposed levy, amendment, or termination of an assessment 23 on a business segment at a meeting of the board held not less than 60 days before the 24 date on which the ballots must be postmarked to be counted;
20 (b) In conducting an election under this section, the board and the director of 21 elections shall 22 (1) propose and adopt a levy or termination of an assessment at a 23 regularly scheduled meeting of the board held not less than 60 days before the date on 24 which the ballots must be postmarked to be counted;
25 (2) hold at least one meeting not less than 30 days before the date on 26 which ballots must be postmarked to be counted to explain the reason for the proposed 27 levy, amendment, or termination of the assessment and to explain the voting procedure 28 to be used in the election;
25 (2) hold at least one meeting not less than 30 days before the date on 26 which ballots must be postmarked to be counted to explain the reason for the proposed 27 levy or termination of the assessment and to explain the voting procedure to be used in 28 the election;
(3) mail ballots to each assessed tourism business not more than 45 02 days before the date specified as the date ballots must be postmarked;
(3) mail ballots to each tourism business in the applicable business 02 segment not more than 45 days before the date specified as the date ballots must be 03 postmarked;
the ballot must 03 (A) state that an assessment is to be levied;
the ballot must 04 (A) state that an assessment is to be levied, amended, or 05 terminated, as applicable;
04 (B) state the assessment rate for each category of assessed 05 tourism businesses that provides similar goods or services to tourists or each 06 segment within a category;
06 (B) state the assessment rate to be levied, amended, or 07 terminated, as applicable, for the business segment;
07 (C) state that the ballot will be tabulated according to the 08 estimated amount each assessed tourism business will pay in annual 09 assessments;
08 (C) state that each vote will be weighted in proportion to the 09 projected assessment each voting tourism business is estimated to pay for the 10 following calendar year;
10 (D) state the effective date of the levy of the assessment or 11 termination of the assessment;
11 (D) state the effective date of the levy, amendment, or 12 termination of the assessment;
12 (E) ask whether the assessment shall be levied or, if the 13 election is to terminate the assessment, whether the assessment shall be 14 terminated;
13 (E) ask whether the assessment shall be levied, amended, or 14 terminated, as applicable;
17 (c) The director of elections shall certify the results of an election under this 18 section if the director determines that the requirements of (a) and (b) of this section 19 have been satisfied.
17 (c) The director of elections shall certify the results of an election under this 18 section if the director determines that the requirements of (a) and (b) of this section 19 and AS 44.25.275 have been satisfied.
20 (d) For purposes of this section, a ballot submitted by a corporation is 21 presumed valid if the ballot is signed by an individual who is indicated to be an officer 22 of the corporation or an authorized representative.
20 (d) For purposes of this section, a ballot submitted by a tourism business is 21 presumed valid if the ballot is signed by an individual who is indicated to be an officer 22 of the tourism business or an authorized representative.
45.90.151.
44.25.275.
Determination of value.
Weighted votes.
(a) Upon request of the director of 24 elections, the commissioner of revenue shall determine 25 (1) the total value of assessed gross revenue of an assessed tourism 26 business during any calendar year;
For a levy, amendment, or termination of an 24 assessment to be approved under AS 44.25.270, or for the selection of board nominees 25 to fill a vacancy caused by the expiration of a term to be submitted to the governor 26 under AS 44.25.205(b), the action must be approved by tourism businesses that, in 27 total, represent at least 50 percent of the weighted votes received.
or 27 (2) whether the assessed tourism businesses approving the levy or 28 termination of the assessment together constitute more than 50 percent of the total 29 assessed gross revenue of all assessed tourism businesses that voted in the election 30 during the calendar year.
Votes shall be 28 weighted in proportion to the assessment that each voting tourism business is 29 estimated to pay for the calendar year immediately following the election, as 30 determined under AS 44.25.260.
31 (b) The total assessed gross revenue of all assessed tourism businesses in a calendar year is the sum of the total assessed gross sales of assessed tourism 02 businesses.
In a vote related to an assessment on a business 31 segment for which an assessment is currently levied, only the votes of tourism businesses that pay an assessment at the time of the election shall be counted, 02 weighted as described in this section.
45.90.161.
44.25.280.
Collection of assessments and disposition of proceeds.
Determination of value.
Each 04 assessed tourism business shall remit to the Department of Revenue within 30 days 05 after the end of each calendar quarter the total amount of the assessment owed on the 06 value of assessed gross revenue in the previous calendar quarter.
Upon request of the director of 04 elections, the commissioner of revenue shall determine the estimated assessment for 05 each assessed tourism business for any calendar year, including a future calendar year 06 for purposes of weighting votes under AS 44.25.275.
The Department of 07 Revenue shall inform the board within 60 days after the end of each calendar quarter 08 of the total amount of assessment collections as of the 30 days following the preceding 09 calendar quarter available to be apportioned by the board.
07 Sec.
An assessed tourism 10 business that fails to remit an assessment is subject to penalties as provided in 11 AS 43.05 and AS 43.10.
44.25.285.
12 Sec.
Remitting assessments.
45.90.171.
Each assessed tourism business shall 08 remit to the department within 30 days after the end of each calendar quarter the total 09 amount of the assessment owed on the value of assessed gross revenue in the previous 10 calendar quarter.
Enforcement of assessments.
The department shall inform the board within 60 days after the end 11 of each calendar quarter of the total amount of assessment collections as of the 30 days 12 following the preceding calendar quarter available to be apportioned by the board.
The provisions of AS 43.05 and 13 AS 43.10 apply to the enforcement and collection of the Alaska tourism marketing 14 assessment.
An 13 assessed tourism business that fails to remit an assessment is subject to penalties as 14 provided in AS 43.05 and AS 43.10.
45.90.181.
44.25.290.
Enforcement of assessments.
The provisions of AS 43.05 and 16 AS 43.10 apply to the enforcement and collection of the Alaska tourism marketing 17 assessment.
18 Sec.
44.25.295.
(a) 16 The Alaska tourism marketing fund is established in the general fund.
(a) 19 The Alaska tourism marketing fund is established in the general fund.
The fund 17 consists of money appropriated to the fund.
The fund 20 consists of money appropriated to the fund.
The legislature may appropriate from the 18 fund for purposes consistent with this chapter.
The legislature may appropriate from the 21 fund for purposes consistent with AS 44.25.200 - 44.25.300.
19 (b) The legislature may appropriate the proceeds of the assessment to the 20 Alaska tourism marketing fund.
22 (b) The legislature may appropriate the proceeds of the assessment to the 23 Alaska tourism marketing fund.
21 (c) Nothing in this section creates a dedicated fund.
24 (c) Nothing in this section creates a dedicated fund.
22 Sec.
25 Sec.
45.90.201.
44.25.300.
In this chapter, 23 (1) "assessed tourism business" means a tourism business assessed 24 under this chapter;
In AS 44.25.200 - 44.25.300, 26 (1) "assessment" means an assessment levied under AS 44.25.200 - 27 44.25.300;
25 (2) "assessment" means an assessment levied under AS 45.90.121;
28 (2) "board" means the Travel Alaska Board;
26 (3) "board" means the Travel Alaska Board;
29 (3) "business segment" means a business segment determined under 30 AS 44.25.245(8);
27 (4) "tourism business" means a business that provides goods or 28 services, including information, accommodation, transportation, or entertainment, to a 29 tourist;
31 (4) "department" means the Department of Revenue;
30 (5) "tourist" means a person who travels for business, recreation, or 31 pleasure.
(5) "traveler" means a person who travels for business, recreation, or 02 pleasure.
* Sec.
03 * Sec.
4.
6.
The uncodified law of the State of Alaska is amended by adding a new section to 02 read:
The uncodified law of the State of Alaska is amended by adding a new section to 04 read:
03 TRANSITION.
05 TRANSITION.
Notwithstanding AS 45.90.011 - 45.90.111, added by sec.
(a) Notwithstanding AS 44.25.200 - 44.25.300, added by sec.
3 of this 04 Act, the board of directors of the leading statewide nonprofit tourism marketing association 05 shall act as a transition committee.
5 of this 06 Act, the board of directors of the leading statewide nonprofit tourism marketing association 07 shall act as a transition board.
The transition committee shall prepare an initial written 06 marketing plan to be voted on at an initial election, establish procedures for elections, 07 determine the initial number of members on the Travel Alaska Board, and designate ex officio 08 members of the board.
The transition board shall establish procedures for elections and 08 propose to the governor the initial number of members on the Travel Alaska Board.
The initial board members shall be voted on at the initial election and 09 shall take office immediately.
The 09 transition board shall hold an election in compliance with the requirements in AS 44.25.205, 10 44.25.270, and 44.25.275, added by sec.
The transition committee exists only until the election of the 10 board members.
5 of this Act, for the purpose of determining 11 nominees for the Travel Alaska Board and for proposing assessment rates that comply with 12 AS 44.25.255, added by sec.
5 of this Act, to the Travel Alaska Board after the board is 13 established.
Following the election, the transition board shall provide the governor a list of 14 nominees for the Travel Alaska Board and, after the Travel Alaska Board is established, 15 submit to the Travel Alaska Board the proposed assessment rates approved in the election.
16 The transition board exists only until it submits the proposed assessment rates to the Travel 17 Alaska Board.
18 (b) The governor shall appoint the initial members of the Travel Alaska Board from a 19 list provided under (a) of this section.
The governor may reject all or a portion of a list 20 provided under (a) of this section and request another list.
21 (c) Notwithstanding AS 44.25.255, added by sec.
5 of this Act, the Travel Alaska 22 Board may ratify an assessment or assessments proposed by the transition board without an 23 election.
If the Travel Alaska Board ratifies the assessment, it shall be imposed as if it had 24 been approved in accordance with AS 44.25.255.
25 (d) In this section, "assessment" has the meaning given in AS 44.25.300, added by 26 sec.
5 of this Act.
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Action History

  1. Referred to Finance

  2. Fiscal Note 2: (Natural Resources)

  3. Fiscal Note 1: (Commerce, Community & Economic Development)

  4. L&C Amend: COSTELLO, MICCICHE, GARDNER

  5. L&C RPT CS 3AM SAME TITLE

  6. L&C, FIN

  7. Read the first time - REFERRALS

Sponsors

  • LABOR & COMMERCE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

  • LABOR & COMMERCE

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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Frequently asked questions

Who sponsors SB 110?
SB 110 is sponsored by LABOR & COMMERCE.
What is the current status of SB 110?
This bill died with 30th Legislature (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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