Legislature(2005 - 2006)
2005-05-08 Senate JournalFull Journal pdf
2005-05-08 Senate Journal Page 1481 HB 286 Senator Therriault requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 286(RES) be taken up. The bill was before the Senate on reconsideration. Senator Therriault moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Amendment No. 1 was not offered. Senator Therriault offered Amendment No. 2 : Page 1, line 8, following "state;": Insert "prohibiting municipalities from imposing severance taxes on minerals" Page 1, following line 9: Insert new bill sections to read: "* Section 1. AS 29.10.200 is amended by adding a new paragraph to read: (64) AS 29.45.820 (severance tax on minerals). * Sec. 2. AS 29.45 is amended by adding a new section to read: Sec. 29.45.820. Taxes on minerals. A municipality may not impose a severance tax on minerals produced or extracted in the municipality other than a tax imposed before January 1, 2005. If a severance tax on minerals produced or extracted in a municipality was imposed before January 1, 2005, the municipality or its successor may continue to levy the tax, 2005-05-08 Senate Journal Page 1482 regardless of any subsequent annexation, merger, consolidation, unification, or reclassification of the municipality that imposed the tax before January 1, 2005. This section applies to home rule and general law municipalities. For purposes of this section, "mineral" means ore and mineral products other than sand, gravel, and coal." Page 1, line 10: Delete "Section 1" Insert "Sec. 3" Renumber the following bill sections accordingly. Page 7, line 19: Delete all material and insert: "* Sec. 11. REPEAL. AS 29.10.200(64) and AS 29.45.820 are repealed. * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to read: RETROACTIVITY. Sections 1 and 2 of this Act are retroactive to January 1, 2005. * Sec. 13. Section 11 of this Act takes effect September 1, 2006. * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect immediately under AS 01.10.070(c)." Senator Therriault moved for the adoption of Amendment No. 2. Senator Ellis objected. Senator Wilken moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 2: Page 2, line 8: Delete "September 1, 2006" Insert "June 1, 2006" Objections were heard, then withdrawn. There being no further objection, Amendment No. 2 was amended. 2005-05-08 Senate Journal Page 1483 Senator Therriault moved and asked unanimous consent to withdraw Amendment No. 2 as amended. Without objection, it was so ordered. The question to be reconsidered: "Shall SENATE CS FOR HOUSE BILL NO. 286(RES) "An Act amending the manner of determining the royalty received by the state on gas production by directing the commissioner of natural resources to accept, under certain circumstances, the transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska; extending and amending the requirements applicable to the credit that may be claimed for certain oil and gas exploration expenses incurred in Cook Inlet against oil and gas properties production (severance) taxes, and amending the credit against those taxes for certain exploration expenditures from leases or properties in the state; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 286(RES) Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde and so, SENATE CS FOR HOUSE BILL NO. 286(RES) passed the Senate on reconsideration. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.