Legislature(1993 - 1994)

1994-04-11 House Journal

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1994-04-11                     House Journal                      Page 3242
HB 498                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 498                                                            
"An Act providing for exploration incentive credits for activities            
involving locatable and leasable minerals and coal deposits on                 
certain land in the state; and providing for an effective date."               
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  CS(RES) 7DP 1NR                                         3042         
	-FISCAL NOTE (REV) 3/29/94                                       3042         
	FIN RPT  CS(FIN) 6DP 1DNP 1NR                                    3194         
	-PREVIOUS FISCAL NOTE (REV) 3/29/94                              3194         
                                                                               
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. 498(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Brown:                           
                                                                               
Page 2, line 27, after "subsection":                                           
                                                                               
	Insert "and documentation to support the amounts that are claimed"            
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               

1994-04-11                     House Journal                      Page 3243
HB 498                                                                       
Representative Vezey objected.                                                 
                                                                               
                                                                               
Representative Brown placed a call of the House and lifted the call.           
                                                                               
                                                                               
The Speaker placed a call of the House.                                        
                                                                               
                                                                               
Representative Davies rose to a point of order regarding the                   
characterization of an amendment.                                              
                                                                               
                                                                               
The Speaker allowed the member to continue.                                    
                                                                               
The Speaker lifted the call.                                                   
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 498(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  26   EXCUSED:  0   ABSENT:  3                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Hoffman, Nicholia, Nordlund, Sitton, Willis                                    
                                                                               
Nays:  Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf,              
Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                  
Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders,             
Toohey, Vezey, Williams                                                        
                                                                               
Absent:  Navarre, Therriault, Ulmer                                            
                                                                               
Barnes changed from "Yea" to "Nay".                                            
                                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               

1994-04-11                     House Journal                      Page 3244
HB 498                                                                       
Amendment No. 2 was offered  by Representative Brown:                           
                                                                               
Page 2, following line 29:                                                     
                                                                               
	Insert a new subsection to read:                                              
	"(e)  An exploration incentive credit may not be granted under               
(a) of this section to a qualified applicant for exploration activity          
described in that subsection that occurs after the date on which the           
first shipment of coal or mining product from the parcel or site is            
made."                                                                         
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Representative Foster objected.                                                
                                                                               
                                                                               
The Speaker placed a call of the House.                                        
                                                                               
                                                                               
Amendment to Amendment No. 2 was offered  by Representative                     
Brown:                                                                         
                                                                               
                                                                               
In subsection (e), after "first":                                              
                                                                               
Insert "commercial"                                                           
                                                                               
In subsection (e), after "coal or":                                            
                                                                               
Delete "mining product"                                                       
Insert "ore"                                                                  
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that the                
amendment to Amendment No. 2 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
                                                                               
The call was satisfied.                                                        

1994-04-11                     House Journal                      Page 3245
HB 498                                                                       
The question being:  "Shall Amendment No. 2 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 498(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2 as amended                                                     
                                                                               
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Green, Grussendorf, Kott, Mackie, Menard, Navarre, Nicholia,                   
Nordlund, Sitton, Ulmer, Willis                                                
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Hanley, Hoffman, Hudson,                
James, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell,                
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
And so, Amendment No. 2 as amended was not adopted.                            
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Brown:                           
                                                                               
Page 2, line 31:                                                               
                                                                               
	Delete "parcel or site"                                                       
	Insert "mining lease or coal lease or, if the exploration activity is         
not under lease, then for each mining location or prospecting permit"          
                                                                               
                                                                               
Page 3, line 2:                                                                
	Delete "parcel or site"                                                       
	Insert "mining lease, coal lease, mining location, or area described          
in the prospecting permit, as applicable,"                                     
                                                                               
                                                                               
Page 3, line 6:                                                                
	Delete "on the parcel or site"                                                
	Insert "within the area described in the mining lease, coal lease,            
mining location, or prospecting permit and"                                    

1994-04-11                     House Journal                      Page 3246
HB 498                                                                       
Page 3, line 19:                                                               
	Delete "site at"                                                              
	Insert "mining lease, coal lease, mining location, or prospecting             
permit on"                                                                     
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 498(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  11   NAYS:  29   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Green,           
Nordlund, Sitton, Ulmer, Willis                                                
                                                                               
Nays:  Barnes, Brice, Bunde, G.Davis, Foster, Grussendorf, Hanley,             
Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                 
Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips,           
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Brown:                           
                                                                               
Page 2, following line 29:                                                     
	Insert a new subsection to read:                                              
	"(e)  The commissioner shall disallow the claim of an                        
exploration incentive credit under this chapter for an activity of a           
qualified applicant that occurs in any year in which the                       
commissioner determines that the qualified applicant owes a debt               
to a state agency or to a public corporation of the state, unless the          
debt has been contested and an appeal is pending or unless the                 
time limit for filing an appeal of the debt has not expired.                   

1994-04-11                     House Journal                      Page 3247
HB 498                                                                       
Disallowance of the claim of the exploration incentive credit                 
under this subsection precludes allowance in any subsequent                    
year of the claim based on that activity."                                     
                                                                               
Page 3, line 15, after "CREDIT.":                                              
	Insert "(a)"                                                                  
                                                                               
Page 3, following line 20:                                                     
	Insert a new subsection to read:                                              
	"(b)  The commissioner shall disallow the use of a claim of an               
exploration incentive credit under this chapter in any year in which           
the commissioner determines that the qualified applicant owes a                
debt to a state agency or to a public corporation of the state,                
unless the debt has been contested and an appeal is pending or                 
unless the time limit for filing an appeal of the debt has not                 
expired.  Disallowance of the use of the claim of the exploration              
incentive credit under this subsection does not extend the time in             
which the credit may be used under (a)(1) of this section."                    
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
Amendment to Amendment No. 4 was offered  by Representative                     
Ulmer:                                                                         
                                                                               
In new subsections (e) and (b), after "qualified applicant":                   
                                                                               
Delete "owes a debt"                                                          
Insert "is in default in payments owed"                                       
                                                                               
                                                                               
Representative Ulmer moved and asked unanimous consent that the                
amendment to Amendment No. 4 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               

1994-04-11                     House Journal                      Page 3248
HB 498                                                                       
The question being:  "Shall Amendment No. 4 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 498(FIN)                                                                  
Second Reading                                                                 
Amendment No. 4 as amended                                                     
                                                                               
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund,             
Parnell, Porter, Sitton, Ulmer, Willis                                         
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips,                
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
                                                                               
And so, Amendment No. 4 as amended was not adopted.                            
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Brown:                           
                                                                               
Page 2, line 8:                                                                
                                                                               
	Delete "AS 43.20 and"                                                         
                                                                               
Page 3, line 3:                                                                
	Delete "AS 43.20 and"                                                         
                                                                               
Page 5, lines 16 - 19:                                                         
	Delete all material.                                                          
                                                                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 5 be adopted.                                                    
                                                                               
                                                                               

1994-04-11                     House Journal                      Page 3249
HB 498                                                                       
Representative James objected.                                                 
                                                                               
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 498(FIN)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
                                                                               
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Hoffman, Larson, Nicholia, Nordlund, Sitton, Ulmer,               
Willis                                                                         
                                                                               
                                                                               
Nays:  Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson,           
James, Kott, Mackie, MacLean, Martin, Menard, Moses, Mulder,                   
Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey,       
Vezey, Williams                                                                
                                                                               
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Brown:                           
                                                                               
                                                                               
Page 6, lines 1 - 4:                                                           
                                                                               
	Delete all material and insert:                                               
   "* Sec. 6.  This Act applies to activities that qualify for the           
incentive tax credit authorized by AS 27.30 that are undertaken on and         
after the effective date of this Act.                                          
   * Sec. 7.  This Act takes effect January 1, 1995."                        
                                                                               

1994-04-11                     House Journal                      Page 3250
HB 498                                                                       
Representative Brown moved and asked unanimous consent that                    
Amendment No. 6 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 498(FIN)                                                                  
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  15   NAYS:  25   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton,             
Ulmer, Willis                                                                  
                                                                               
                                                                               
Nays:  Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson,           
James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder,                   
Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,         
Williams                                                                       
                                                                               
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Representative Phillips  moved and asked unanimous consent that                
CSHB 498(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.                                                   
                                                                               
                                                                               
Representative Ulmer objected.                                                 
                                                                               
                                                                               
The Speaker stated that CSHB 498(FIN) will be in third reading on the          
April 12, 1994, calendar.