Legislature(1995 - 1996)

1996-03-28 House Journal

Full Journal pdf

1996-03-28                     House Journal                      Page 3440
HB 341                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 341                                                            
An Act establishing a tax court to consider and determine certain             
taxes and penalties due and collateral matters, and amending                   
provisions relating to taxpayer challenges to the assessment, levy,            
and collection of taxes by the state; and providing for an effective           
date.                                                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  CS(RES) NT 1DP  4NR  3AM                                2536         
	FISCAL NOTE (COURT)                                              2537         
	ZERO FISCAL NOTE (REV)                                           2537         
	JUD RPT  CS(JUD) NT 5DP 1AM                                      3086         
	2 FISCAL NOTES (COURT, ADM)                                      3087         
	ZERO FISCAL NOTE (REV) 1/26/96                                   3087         
	FIN RPT  CS(FIN) NT 6DP 3AM                                      3211         
	2 FISCAL NOTES (ADM, COURT) 3/12/96                              3211         
	ZERO FISCAL NOTE (REV) 1/26/96                                   3211         
	                                                                              
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               

1996-03-28                     House Journal                      Page 3441
HB 341                                                                       
CS FOR HOUSE BILL NO. 341(FIN)                                                
An Act relating to administrative adjudication and judicial                   
appeals and to the informal resolution of certain factual disputes             
between taxpayers and the Department of Revenue; establishing                  
the office of tax appeals as a quasi-judicial agency in the                    
Department of Administration; revising the procedures for hearing              
certain tax appeals, including appeals regarding seafood marketing             
assessments; relating to consideration and determination by the                
superior court of disputes involving certain taxes and penalties               
due, and amending provisions relating to the assessment, levy, and             
collection of taxes and penalties by the state and to the tax liability        
of taxpayers; providing for the release of agency records relating             
to formal administrative tax appeals; relating to litigation                   
disclosure of public records; clarifying administrative subpoena               
power in certain tax matters; and providing for an effective date.             
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Brown:                           
                                                                               
Page 1, lines 6 and 7 (title amendment):                                       
	Delete "relating to consideration and determination by the                   
superior court of disputes involving certain taxes and penalties due,          
and"                                                                          
                                                                               
Page 11, line 19, through page 12, line 1:                                     
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 12, line 18:                                                              
	Delete "AS 43.05.240, 43.05.241, or 43.05.242"                            
	Insert "AS 43.05.240 or 43.05.241"                                        
                                                                               
Page 15, line 31:                                                              
	Delete "new sections"                                                         
	Insert "a new section"                                                        
                                                                               
Page 16, line 5, through page 17, line 4:                                      
	Delete all material.                                                          
                                                                               

1996-03-28                     House Journal                      Page 3442
HB 341                                                                       
Page 17, line 14:                                                              
	Delete "or 43.05.242"                                                     
                                                                               
Page 17, line 31:                                                              
	Delete "or 43.05.242"                                                     
                                                                               
Page 19, line 17:                                                              
	Delete "sec. 10"                                                              
	Insert "sec. 9"                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Green objected.                                                 
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 341(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  26   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,                
Kubina, Long, Mackie, Navarre, Robinson, Willis                                
                                                                               
Nays:  Austerman, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan,          
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Excused:  Barnes, Nicholia                                                     
                                                                               
And so, Amendment No. 1 was not adopted.