Legislature(2015 - 2016)

2015-04-13 House Journal

Full Journal pdf

2015-04-13                     House Journal                      Page 0891
HB 100                                                                                                                        
The following, which was advanced to third reading from the April 11,                                                           
2015, calendar (page 854), was read the third time:                                                                             
                                                                                                                                

2015-04-13                     House Journal                      Page 0892
     CS FOR HOUSE BILL NO. 100(FIN)                                                                                             
     "An Act establishing a credit against the net income tax for an in-                                                        
     state processing facility that manufactures urea, ammonia, or gas-                                                         
     to-liquid products; relating to establishing the value of the state's                                                      
     royalty share of gas production based on contracts with certain in-                                                        
     state processing facilities that manufacture urea, ammonia, or gas-                                                        
     to-liquid products; and providing for an effective date."                                                                  
                                                                                                                                
Representative Gara moved and asked unanimous consent that CSHB
100(FIN) be returned to second reading for the specific purpose of                                                              
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
The Speaker stated that, without objection, CSHB 100(FIN) would be                                                              
returned to second reading for all amendments.                                                                                  
                                                                                                                                
Amendment No. 1 was offered  by Representative Gara:                                                                             
                                                                                                                                
Page 1, line 5, following "products;" (title amendment):                                                                      
     Insert "providing an optional exemption from municipal                                                                   
property taxation for certain in-state processing facilities that                                                             
manufacture urea, ammonia, or gas-to-liquid products;"                                                                        
                                                                                                                                
Page 1, following line 6:                                                                                                       
     Insert a new bill section to read:                                                                                         
   "* Section 1. AS 29.45.050 is amended by adding a new subsection                                                           
to read:                                                                                                                        
         (x) A municipality may by ordinance approved by the voters                                                             
     exempt or partially exempt from taxation an in-state processing                                                            
     facility whose primary function is the manufacturing and sale of                                                           
     urea, ammonia, or gas-to-liquid products to third parties in arm's                                                         
     length transactions. An exemption under this subsection may be of                                                          
     limited or unlimited duration."                                                                                            
                                                                                                                                
Page 1, line 7:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2015-04-13                     House Journal                      Page 0893
Page 2, line 25, following "manufacturing":                                                                                     
     Insert ", from natural gas from a state lease,"                                                                            
                                                                                                                                
Page 2, lines 28 - 30:                                                                                                          
     Delete "the percentage of the amount of royalty paid under                                                                 
AS 38.05.135 on natural gas from a state lease that is delivered in the                                                         
taxable year of the taxpayer for use at the in-state processing facility                                                        
equal to"                                                                                                                       
     Insert "the lesser of 50 percent of the tax due from the taxpayer in                                                       
the taxable year or $2,000,000. A credit under this section may be                                                              
apportioned based on"                                                                                                           
                                                                                                                                
Page 3, lines 1 - 2:                                                                                                            
     Delete "A tax credit or portion of a tax credit under this section                                                         
may not be used to reduce the taxpayer's tax liability under this chapter                                                       
below zero."                                                                                                                    
                                                                                                                                
Page 3, line 16:                                                                                                                
     Delete "sec. 2"                                                                                                            
     Insert "sec. 3"                                                                                                            
                                                                                                                                
Page 3, line 21:                                                                                                                
     Delete "Sections 1, 2, and 4"                                                                                              
     Insert "Sections 1 - 3 and 5"                                                                                              
                                                                                                                                
Page 3, line 22:                                                                                                                
     Delete "Section 3"                                                                                                         
     Insert "Section 4"                                                                                                         
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 100(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  12   NAYS:  26   EXCUSED:  1   ABSENT:  1                                                                              
                                                                                                                                

2015-04-13                     House Journal                      Page 0894
Yeas:  Claman, Drummond, Gara, Gruenberg, Guttenberg, Josephson,                                                                
Kawasaki, Kito, Ortiz, Tarr, Tuck, Wool                                                                                         
                                                                                                                                
Nays:  Chenault, Colver, Edgmon, Foster, Gattis, Herron, Hughes,                                                                
Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman,                                                                  
Olson, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Thompson,                                                           
Tilton, Vazquez, Wilson                                                                                                         
                                                                                                                                
Excused:  Kreiss-Tomkins                                                                                                        
                                                                                                                                
Absent:  Hawker                                                                                                                 
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
                                                                                                                                
Amendment No. 2 was offered  by Representative Gara:                                                                             
                                                                                                                                
Page 1, line 2, following "products;" (title amendment):                                                                      
     Insert "and"                                                                                                             
                                                                                                                                
Page 1, line 5 (title amendment):                                                                                               
     Delete "; and providing for an effective date"                                                                           
                                                                                                                                
Page 2, line 31, following "facility.":                                                                                         
     Insert "A credit under this section may only be earned in and                                                              
applied against the first five consecutive calendar years or partial years                                                      
in which a taxpayer earns taxable income from an in-state processing                                                            
facility whose primary function is the manufacturing and sale of urea,                                                          
ammonia, or gas-to-liquid products to third parties in arm's length                                                             
transactions."                                                                                                                  
                                                                                                                                
Page 3, lines 13 - 22:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                

2015-04-13                     House Journal                      Page 0895
CSHB 100(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  11   NAYS:  26   EXCUSED:  1   ABSENT:  2                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Gara, Gruenberg, Josephson, Kawasaki,                                                                  
Kito, Ortiz, Tarr, Tuck, Wool                                                                                                   
                                                                                                                                
Nays:  Chenault, Colver, Edgmon, Foster, Gattis, Herron, Hughes,                                                                
Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman,                                                                  
Olson, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Thompson,                                                           
Tilton, Vazquez, Wilson                                                                                                         
                                                                                                                                
Excused:  Kreiss-Tomkins                                                                                                        
                                                                                                                                
Absent:  Guttenberg, Hawker                                                                                                     
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
CSHB 100(FIN) was automatically in third reading.                                                                               
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 100(FIN) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 100(FIN)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  27   NAYS:  8   EXCUSED:  1   ABSENT:  4                                                                               
                                                                                                                                
Yeas:  Chenault, Colver, Edgmon, Foster, Gattis, Hawker, Herron,                                                                
Johnson, Josephson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak,                                                               
Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Stutes, Talerico,                                                                
Thompson, Tilton, Wilson, Wool                                                                                                  
                                                                                                                                
Nays:  Claman, Gara, Gruenberg, Guttenberg, Kawasaki, Kito,                                                                     
Reinbold, Tuck                                                                                                                  
                                                                                                                                
Excused:  Kreiss-Tomkins                                                                                                        
                                                                                                                                
Absent:  Drummond, Hughes, Tarr, Vazquez                                                                                        
                                                                                                                                
And so, CSHB 100(FIN) passed the House.                                                                                         
                                                                                                                                

2015-04-13                     House Journal                      Page 0896
Representative Millett 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 Gruenberg later gave notice of reconsideration of the                                                            
vote on CSHB 100(FIN), and reconsideration was taken up then.