Legislature(1993 - 1994)

1994-04-14 House Journal

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1994-04-14                     House Journal                      Page 3437
HB 453                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 453                                                            
"An Act amending the motor fuel tax to establish a different tax              
levy on residual fuel oil used in and on watercraft; and providing             
for an effective date."                                                        
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  CS(L&C) NEW TITLE  4DP 1NR                              2850         
	-ZERO FISCAL NOTE (REV) 3/16/94                                  2850         
	STA RPT  CS(L&C) NEW TITLE  5DP 1NR                              2864         
	-PREVIOUS ZERO FISCAL NOTE (REV) 3/16/94                         2865         
	FIN RPT  CS(FIN) NEW TITLE 6DP 2NR                               3233         
	-FISCAL NOTE (REV) 4/11/94                                       3234         
	-ZERO FISCAL NOTE (DOT) 4/11/94                                  3234         
-INDETERMINATE CORRECTED FN (REV) 4/13/94                        3419         

1994-04-14                     House Journal                      Page 3438
HB 453                                                                       
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 453(FIN)                                                
"An Act establishing, for purposes of the levy and collection of the          
motor fuel tax and for a limited period, a different tax levy on               
residual fuel oil used in and on certain watercraft; and providing             
for an effective date."                                                        
                                                                               
	                                                                              
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representatives Brown and                       
Hoffman:                                                                       
                                                                               
                                                                               
Page 1, line 1, after "An Act" (title amendment):                            
	Insert "amending the tax on transfers or consumption of motor                
fuel, and relating to the proceeds of that tax; and"                          
                                                                               
Page 1, line 5, after "Section 1.":                                          
	Insert "AS43.40.010(a) is amended to read:                                    
	(a)  There is levied a tax of 10 [EIGHT] cents a gallon on all           
motor fuel sold or otherwise transferred within the state, except              
that                                                                           
		(1)  the tax on aviation gasoline is four cents a gallon,                   
		(2)  the tax on motor fuel used in and on watercraft of all                 
descriptions is five cents a gallon, and                                       
		(3)  the tax on all aviation fuel other than gasoline is two                
and one-half cents a gallon.                                                   
   * Sec. 2.  AS43.40.010(b) is amended to read:                             
	(b)  There is levied a tax of 10 [EIGHT] cents a gallon on all           
motor fuel consumed by a user, except that                                     
		(1)  the tax on aviation gasoline consumed is four cents                    
a gallon,                                                                      
		(2)  the tax on motor fuel used in and on watercraft of all                 
descriptions is five cents a gallon, and                                       
		(3)  the tax on all aviation fuel other than gasoline is two                
and one-half cents a gallon.                                                   
                                                                               

1994-04-14                     House Journal                      Page 3439
HB 453                                                                       
   * Sec. 3.  AS43.40.010(g) is repealed and reenacted to read:              
	(g)  The proceeds of the revenue from the tax on all motor                   
fuels, except as provided in (e), (f), (j), (m), and (n) of this               
section, shall be deposited in a special highway fuel tax account              
in the state general fund.  The legislature may use the annual                 
estimated balance of the account to make appropriations for                    
expenditure by the Department of Transportation and Public                     
Facilities directly or as matched with available federal-aid highway           
money for maintenance of highways, construction of highway                     
projects and ferries included in the program provided for in                   
AS19.10.150, including approaches, appurtenances, and related                  
facilities, and acquisition of rights-of-way or easements, and for             
other highway costs including surveys, administration, and related             
matters.                                                                       
   * Sec. 4.  AS43.40.010 is amended by adding new subsections to            
read:                                                                          
	(m)  The proceeds of the revenue from one cent of the 10-cent                
tax imposed by (a) and (b) of this section shall be deposited in a             
special storage tank assistance account in the state general fund.             
The legislature may appropriate from this account to the storage               
tank assistance fund established by AS46.03.410.                               
	(n)  The proceeds of the revenue from one cent of the 10-cent                
tax imposed by (a) and (b) of this section shall be deposited into             
a separate account in the state general fund.  The legislature may             
appropriate from this account to pay expenses to repair and                    
upgrade bulk fuel storage facilities under the general authority               
given the Department of Community and Regional Affairs by                      
AS44.47.130.                                                                   
   * Sec. 5."                                                                
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 2, line 13:                                                               
	Delete "sec. 1"                                                               
	Insert "sec. 5"                                                               
                                                                               
Page 2, line 18:                                                               
	Delete "sec. 1"                                                               
	Insert "sec. 5"                                                               
                                                                               

1994-04-14                     House Journal                      Page 3440
HB 453                                                                       
Page 2, line 19:                                                               
	Delete "This Act takes"                                                       
	Insert "Sections 5 and 6 of this Act take"                                    
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Grussendorf objected.                                           
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 453(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Foster, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia                    
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson,             
James, Kott, Larson, Martin, Moses, Mulder, Nordlund, Olberg,                  
Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey,         
Williams, Willis                                                               
                                                                               
Excused:  Ulmer                                                                
                                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 453(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 453(FIN) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 453(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               

1994-04-14                     House Journal                      Page 3441
HB 453                                                                       
                                                                               
CSHB 453(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                 
Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell,           
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams,        
Willis                                                                         
                                                                               
Excused:  Ulmer                                                                
                                                                               
And so, CSHB 453(FIN) passed the House.                                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
CSHB 453(FIN) was referred to the Chief Clerk for engrossment.