Legislature(1993 - 1994)

1994-04-05 House Journal

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1994-04-05                     House Journal                      Page 3138
HB 513                                                                       
The following was read the second time:                                        
                                                                               
 HOUSE BILL NO. 513                                                           
"An Act relating to financial assistance for certain owners or                
operators of underground petroleum storage tank systems; and                   
providing for an effective date."                                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C REFERRAL WAIVED                                              2586         
	STA RPT  CS(STA) 4DP 3NR                                         2931         
	-ZERO FISCAL NOTE (DEC) 3/23/94                                  2931         
	JUD RPT  CS(STA) 4DP 2NR                                         3043         
	-PREVIOUS ZERO FISCAL NOTE (DEC) 3/23/94                         3044         

1994-04-05                     House Journal                      Page 3139
HB 513                                                                       
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. 513(STA)                                                
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Brown:                           
                                                                               
                                                                               
Page 1, line 1, after "Act"(title amendment):                                
	Insert "relating to the tax on transfers or consumption of motor             
fuel, and to the proceeds from the tax;"                                      
                                                                               
Page 1, after line 3:                                                          
	Insert new bill sections to read:                                             
   "* Section 1.  AS43.40.010(a) is amended to read:                         
	(a)  There is levied a tax of nine [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 nine [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.                                                   
                                                                               
                                                                               

1994-04-05                     House Journal                      Page 3140
HB 513                                                                       
   * 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), and (m) 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 a new subsection to           
read:                                                                          
	(m)  The proceeds of the revenue from one cent of the nine-                  
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.                       
   * Sec. 5.  AS43.40.030(a) is amended to read:                             
	(a)  Except as specified in AS43.40.010(j), a person who uses                
motor fuel to operate an internal combustion engine is entitled to             
a refund of seven [SIX] cents a gallon if                                  
		(1)  the tax on the motor fuel has been paid;                               
		(2)  the motor fuel is not aviation fuel, or motor fuel used                
in or on watercraft; and                                                       
		(3)  the internal combustion engine is not used in or in                    
conjunction with a motor vehicle licensed to be operated on public             
ways."                                                                         
                                                                               
Page 1, line 4:                                                                
	Delete "Section 1."                                                         
	Insert "Sec. 6."                                                            
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               

1994-04-05                     House Journal                      Page 3141
HB 513                                                                       
Representative Phillips objected.                                              
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 513(STA)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  10   NAYS:  23   EXCUSED:  5   ABSENT:  2                             
                                                                               
Yeas:  Brice, Brown, Carney, B.Davis, Finkelstein, Green, Hoffman,             
Mackie, Sitton, Ulmer                                                          
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Grussendorf, Hanley, Hudson,            
James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips,         
Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis                   
                                                                               
Excused:  Davidson, Davies, Menard, Navarre, Nordlund                          
                                                                               
Absent:  MacLean, Nicholia                                                     
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 513(STA) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 513(STA) was read the third time.                                         
                                                                               
                                                                               
The question being:  "Shall CSHB 513(STA) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 513(STA)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  33   NAYS:  0   EXCUSED:  5   ABSENT:  2                              

1994-04-05                     House Journal                      Page 3142
HB 513                                                                       
Yeas:  Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis,                  
Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson,              
James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell,           
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey,           
Williams, Willis                                                               
                                                                               
Excused:  Davidson, Davies, Menard, Navarre, Nordlund                          
                                                                               
Absent:  MacLean, Nicholia                                                     
                                                                               
And so, CSHB 513(STA) 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.           
                                                                               
                                                                               
Representative Ulmer gave notice of reconsideration of her vote on             
CSHB 513(STA).