Legislature(2001 - 2002)

2002-05-02 House Journal

Full Journal pdf

2002-05-02                     House Journal                      Page 3309
HB 303                                                                                            
The Speaker stated that, without objection, the House would move                                    
down the calendar to:                                                                               
                                                                                                    
     CS FOR HOUSE BILL NO. 303(FIN)                                                                 
     "An Act relating to the levy and collection of a sales tax and a use                           
     tax and to levy and collection of municipal sales and use taxes;                               
     and providing for an effective date."                                                          
                                                                                                    
CSHB 303(FIN), which was held in second reading and returned to the                                 
Rules Committee (page 2719), was again before the House.                                            
                                                                                                    

2002-05-02                     House Journal                      Page 3310
Representative James moved and asked unanimous consent that the                                     
House rescind its previous action in adopting CSHB 303(FIN) (page                                   
2703).  There being no objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     2d CS FOR HOUSE BILL NO. 303(RLS)                                                              
     "An Act relating to taxation of individual income; and providing                               
     for an effective date."                                                                        
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representative Kohring:                                              
                                                                                                    
Page 1, line 1, following "income;" (title amendment):                                            
     Insert "imposing an individual income tax, and repealing that                                
tax;"                                                                                             
                                                                                                    
                                                                                                    
Page 8, following line 6:                                                                           
     Insert a new bill section to read:                                                             
"* Sec. 5.  AS 43.20.030(a) is amended to read:                                                   
          (a)  If a [EVERY INDIVIDUAL, PARTNERSHIP, AND]                                        
     corporation, or a partnership that has a corporation as a                                  
     partner, is required to make a return under the provisions of the                          
     Internal Revenue Code, it shall file with the department, within                       
     30 days after the federal return is required to be filed, a return                         
     setting out                                                                                    
               (1)  the amount of tax due under this chapter, less                                  
     [ALLOWABLE] credits [AND PAYMENTS] claimed against the                                         
     tax; and                                                                                       
               (2)  other information that the department requires for the                          
     purpose of carrying out the provisions of this chapter."                                       
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    

2002-05-02                     House Journal                      Page 3311
Page 8, following line 28:                                                                          
     Insert a new bill section to read:                                                             
"* Sec. 7.  AS 43.20.030(d) is amended to read:                                                   
          (d)  A taxpayer, upon request by the department, shall furnish                        
     to the department [FILE WITH THE TAXPAYER'S STATE                                          
     RETURN] a true copy of the tax return that the taxpayer has                                
     filed with the United States Internal Revenue Service.  Every                                  
     taxpayer shall notify [FILE AN AMENDED RETURN WITH]                                        
     the department in writing of any alteration in, or modification                            
     of, the taxpayer's federal income tax return and of a                                      
     recomputation of tax or determination of deficiency, whether                               
     with or without assessment.  A full statement of the facts must                            
     accompany this notice.  The notice shall be filed [, AND                                   
     REMIT ANY ADDITIONAL TAX AND INTEREST DUE,]                                                    
     within 60 days after the [A] final determination of the                                    
     modification, recomputation, or deficiency, and the taxpayer                               
     shall pay the additional tax or penalty under this chapter                                 
     [TAXPAYER'S FEDERAL TAX LIABILITY].  For purposes of                                           
     this section [SUBSECTION], a final determination means the                                 
     date that an amended federal return is filed or a notice of                                
     deficiency or an [, THE DATE A FEDERAL] assessment is                                      
     mailed to [MADE, OR THE DATE THE RESTRICTIONS ON                                           
     ASSESSMENT ARE WAIVED BY] the taxpayer by the Internal                                     
     Revenue Service, except that in no event may there be a final                              
     determination for purposes of this section until the taxpayer                              
     has exhausted rights of appeal under federal law."                                         
                                                                                                    
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Page 9, following line 4:                                                                           
     Insert a new bill section to read:                                                             
"* Sec. 10.  AS 43.20.031(c) is amended to read:                                                  
          (c)  In computing the tax under this chapter, the taxpayer [A                         
     CORPORATION] is not entitled to deduct any taxes based on or                                   
     measured by net income."                                                                       
                                                                                                    
                                                                                                    
Renumber the following bill sections accordingly.                                                   

2002-05-02                     House Journal                      Page 3312
Page 10, following line 5:                                                                          
     Insert a new bill section to read:                                                             
"* Sec. 12.  AS 43.20.040 is repealed and reenacted to read:                                      
               Sec. 43.20.040.  Income from sources in the state.  (a)                            
          In this chapter, income from sources in the state includes                                
               (1)  income from real or tangible personal property                                  
     located in the state;                                                                          
               (2)  income of whatever nature from a business, trade or                             
     profession having a business situs in the state and compensation                               
     for services rendered in the state;                                                            
               (3)  income from stocks, bonds, notes, bank deposits, and                            
     other intangible personal property having a taxable or business                                
     situs in the state;                                                                            
               (4)  rentals and royalties for the use of or for the privilege                       
     of using, in the state, patents, copyrights, secret processes and                              
     formulas, good will, marks, trade brands, franchises, and other                                
     property having a taxable or business situs in the state.                                      
          (b)  In this section, income is from a source having a taxable                            
     or business situs in the state if it is derived from                                           
               (1)  owning or operating business facilities or property in                          
     the state;                                                                                     
               (2)  conducting business, farming, or fishing operations in                          
     the state;                                                                                     
               (3)  a partnership which transacts business in the state;                            
               (4)  a corporation which transacts business in the state                             
     which has elected to file federal returns under subchapter S of the                            
     Internal Revenue Code;                                                                         
               (5)  engaging in any other activity from which income is                             
     received, realized or derived in the state.                                                    
          (c)  The receipt of income derived solely from interest earned                            
     on property in the state does not alone establish a taxable or                                 
     business situs in the state."                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, following line 2:                                                                          
     Insert a new bill section to read:                                                             
   "* Sec. 17.  AS 43.20.200(b) is amended to read:                                               
          (b)  The same period of limitation upon the assessment and                                
     collection of taxes imposed under this chapter and the same                                    

2002-05-02                     House Journal                      Page 3313
     exceptions to it shall apply as provided in 26 U.S.C. 6501 - 6503                              
     (Internal Revenue Code).  In the case of additional tax due by                                 
     reason of a modification, recomputation, or determination of                                   
     deficiency in a taxpayer's federal income tax return, the period of                            
     limitation on assessment commences from the date that the notice                           
     [AMENDED RETURN] required in AS 43.20.030(d) is filed, and                                     
     if no notice [AMENDED RETURN] is filed the tax may be                                      
     assessed at any time."                                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, following line 10:                                                                         
     Insert a new bill section to read:                                                             
"* Sec. 20.  AS 43.05.300; AS 43.20.009, 43.20.029, 43.20.030(h),                                 
43.20.046, 43.20.171, 43.20.174, 43.20.340(12), 43.20.340(13), and                                  
43.20.340(14) are repealed."                                                                        
                                                                                                    
Page 12, line 23:                                                                                   
     Delete "Section 16"                                                                            
     Insert "Section 22"                                                                            
                                                                                                    
Page 12, following line 23:                                                                         
     Insert a new bill section to read:                                                             
"* Sec. 24.  Sections 5, 7, 10, 12, 17, and 20 take effect January 1,                             
2008."                                                                                              
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Page 12, line 24:                                                                                   
     Delete "sec. 17"                                                                               
     Insert "secs. 23 and 24"                                                                       
                                                                                                    
Representative Kohring moved and asked unanimous consent that                                       
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Whitaker objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                

2002-05-02                     House Journal                      Page 3314
                                                                                                    
2d CSHB 303(RLS)                                                                                    
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  11   NAYS:  26   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Foster, Green, James, Kohring, Kott, Masek,                               
Meyer, Mulder, Rokeberg                                                                             
                                                                                                    
Nays:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Dyson,                                    
Fate, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula,                               
Lancaster, Morgan, Moses, Murkowski, Porter, Scalzi, Stevens,                                       
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Kookesh, McGuire                                                                           
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
Amendment No. 5 was offered  by Representative Kohring:                                              
                                                                                                    
Page 12, lines 23 - 24:                                                                             
     Delete all material and insert:                                                                
   "* Sec. 17.  The uncodified law of the State of Alaska is amended by                           
adding a new section to read:                                                                       
     CONTINGENT EFFECT OF SECTIONS 1 - 16 OF THIS ACT.                                              
(a)  Sections 1 - 16 of this Act do not take effect unless, at the next                             
general election, a majority of the votes cast favors adoption of a state                           
income tax under (b) of this section.                                                               
     (b)  At the next general election, the lieutenant governor shall                               
place before the qualified voters of the state a proposition in the                                 
following form:                                                                                     
                                    Q U E S T I O N                                                 
          Shall the provisions of ch. ___, SLA 2002,                                                
          relating to the levy and collection of a                                                  
          statewide income tax become effective?                                                    
                               YES [   ]  NO [   ]                                                  
In preparing the ballot, the lieutenant governor shall first enter the                              
chapter number assigned to this Act.                                                                
   * Sec. 18.  Section 17 of this Act takes effect immediately under AS                           
01.10.070(c).                                                                                       

2002-05-02                     House Journal                      Page 3315
   * Sec. 19.  If, under sec. 17 of this Act, secs. 1 - 16 of this Act take                       
effect, sec. 16 of this Act takes effect on the date of certification of the                        
results of the next general election by the lieutenant governor.                                    
   * Sec. 20.  If, under sec. 17 of this Act, secs. 1 - 16 of this Act take                       
effect, except as provided in secs. 18 and 19 of this Act, this Act takes                           
effect January 1, 2003."                                                                            
                                                                                                    
Representative Kohring moved and asked unanimous consent that                                       
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Whitaker objected.                                                                   
                                                                                                    
Representative Croft placed a call of the House.                                                    
                                                                                                    
The Speaker stated that the call was satisfied.                                                     
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
2d CSHB 303(RLS)                                                                                    
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  10   NAYS:  29   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dyson, Foster, Green, James, Kohring,                                     
Masek, Meyer, Rokeberg                                                                              
                                                                                                    
Nays:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Fate,                                     
Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula,                                     
Kookesh, Kott, Lancaster, McGuire, Morgan, Moses, Mulder,                                           
Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson                                      
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
Amendment No. 6 was offered  by Representative Rokeberg:                                             
                                                                                                    
Page 1, line 1, following "income" (title amendment):                                             
     Insert ", and making this Act effective only if a version of HB                              
304, relating to distribution of income of the permanent fund, and                                

2002-05-02                     House Journal                      Page 3316
a version of HB 225, relating to taxation of alcoholic beverages,                                 
are passed by the Twenty-Second Alaska State Legislature and                                      
become law"                                                                                       
                                                                                                    
Page 12, following line 22:                                                                         
     Insert a new bill section to read:                                                             
   "* Sec. 17.  The uncodified law of the State of Alaska is amended by                           
adding a new section to read:                                                                       
     CONDITIONAL EFFECT.  This Act takes effect only if a version                                   
of HB 304, relating to distribution of income of the permanent fund,                                
and a version of HB 225, relating to taxation of alcoholic beverages,                               
are passed by the Twenty-Second Alaska State Legislature and                                        
become law."                                                                                        
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, line 24:                                                                                   
     Delete "sec. 17"                                                                               
     Insert "sec. 18"                                                                               
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Whitaker objected.                                                                   
                                                                                                    
                                                                                                    
Representative Berkowitz rose to a point of order regarding confining                               
remarks to the bill before the body.                                                                
                                                                                                    
The Speaker stated that the point was well taken and cautioned the                                  
other member to confine remarks to the bill.                                                        
                                                                                                    
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
2d CSHB 303(RLS)                                                                                    
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2002-05-02                     House Journal                      Page 3317
Yeas:  Bunde, Chenault, Foster, Green, Harris, James, Kohring, Kott,                                
Masek, Meyer, Morgan, Mulder, Rokeberg, Williams                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                  
Fate, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula,                                       
Kookesh, Lancaster, McGuire, Moses, Murkowski, Porter, Scalzi,                                      
Stevens, Whitaker, Wilson                                                                           
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
Representative Hayes placed a call of the House and lifted the call.                                
                                                                                                    
Representative James moved and asked unanimous consent that                                         
2d CSHB 303(RLS) be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
2d CSHB 303(RLS) was read the third time.                                                           
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
2d CSHB 303(RLS) be returned to second reading for the specific                                     
purpose of considering Amendment No. 7.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 7 was offered  by Representative Rokeberg:                                             
                                                                                                    
Page 1, line 1, following "income;" (title amendment):                                            
     Insert "relating to permanent fund dividends"                                                
                                                                                                    
Page 8, following line 6:                                                                           
     Insert a new bill section to read:                                                             
"* Sec. 5.  AS 43.20.030(c) is amended to read:                                                   
          (c)  Notwithstanding (a) of this section, the total amount of                             
     tax imposed by this chapter is due and payable to the department                               
     at the same time and in the same manner as the tax payable to the                              
     United States Internal Revenue Service; except that an                                     
     individual's income taxes are due and payable on October 15                                
     of the year in which the individual income tax return was                                  
     required to be filed."                                                                     
                                                                                                    

2002-05-02                     House Journal                      Page 3318
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, following line 9:                                                                          
     Insert new bill sections to read:                                                              
"* Sec. 15.  AS 43.23.011 is amended to read:                                                     
               Sec. 43.23.011.  Application period.  An application                               
          for a permanent fund dividend shall be filed during the                                   
          period that begins January 2 and ends April 15 [MARCH                                 
          31] of that dividend year.                                                                
   * Sec. 16.  AS 43.23 is amended by adding a new section to read:                               
               Sec. 43.23.018.  Individual income taxes.  (a) The                                 
          commissioner shall include individual income tax return                                   
          forms prepared under AS 43.20.030 in the permanent fund                                   
          dividend application packet.                                                              
               (b)  The department shall withhold from an individual's                              
          permanent fund dividend the individual income taxes owed by                               
          that individual under AS 43.20 for the previous calendar year                             
          and not already withheld by an employer under AS 43.20.171                                
          or a pass-through entity under AS 43.20.174."                                             
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, line 23:                                                                                   
     Delete "Section 16"                                                                            
     Insert "Section 19"                                                                            
                                                                                                    
Page 12, line 24:                                                                                   
     Delete "sec. 17"                                                                               
     Insert "sec. 20"                                                                               
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 7 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative James placed a call of the House on the bill.                                        
                                                                                                    
The Speaker stated that the call was satisfied.                                                     
                                                                                                    
Representative Rokeberg moved and asked unanimous consent to                                        
withdraw Amendment No. 7.  There being no objection, it was so                                      
ordered.                                                                                            

2002-05-02                     House Journal                      Page 3319
The question being:  "Shall 2d CSHB 303(RLS) pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
2d CSHB 303(RLS)                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  24   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Fate,                                     
Green, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula,                                      
Kookesh, Lancaster, Moses, Murkowski, Porter, Scalzi, Stevens,                                      
Whitaker, Wilson                                                                                    
                                                                                                    
Nays:  Chenault, Coghill, Dyson, Foster, Harris, James, Kohring, Kott,                              
Masek, McGuire, Meyer, Morgan, Mulder, Rokeberg, Williams                                           
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
And so, 2d CSHB 303(RLS) passed the House.                                                          
                                                                                                    
Representative James moved the effective date clause.                                               
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
2d CSHB 303(RLS)                                                                                    
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James,                                   
Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                        
Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Dyson, Foster, Kohring, Masek, Meyer                                                         
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
2d CSHB 303(RLS) was referred to the Chief Clerk for engrossment.