Legislature(1997 - 1998)

04/28/1997 05:15 PM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                  HOUSE RULES STANDING COMMITTEE                               
                          April 28, 1997                                       
                             5:15 p.m.                                         
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Pete Kott, Chairman                                            
 Representative Gail Phillips                                                  
 Representative Irene Nicholia                                                 
 Representative Al Vezey                                                       
 Representative Brian Porter                                                   
 Representative Bill Williams                                                  
 Representative Kim Elton                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 63                                                             
 "An Act extending the motor fuel tax exemption for fuel sold for              
 use in jet propulsion aircraft to fuel used in those aircraft for             
 flights that continue from a foreign country; and providing for an            
 effective date."                                                              
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL: HB 63                                                                   
 SHORT TITLE: MOTOR FUEL TAX EXEMPTION                                         
 SPONSOR(S): REPRESENTATIVES(S) THERRIAULT, Davies, Kelly, Brice,              
             Kubina                                                            
                                                                               
 Jrn-Date    Jrn-Page           Action                                         
 01/13/97        48    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        48    (H)   TRANSPORTATION, FINANCE                           
 01/22/97       126    (H)   COSPONSOR(S): DAVIES                              
 02/12/97              (H)   TRA AT  1:00 PM CAPITOL 17                        
 02/12/97              (H)   MINUTE(TRA)                                       
 02/12/97       325    (H)   COSPONSOR(S): KELLY                               
 02/17/97              (H)   TRA AT  1:00 PM CAPITOL 17                        
 02/17/97              (H)   MINUTE(TRA)                                       
 02/18/97       388    (H)   COSPONSOR(S): BRICE                               
 02/24/97              (H)   TRA AT  1:00 PM CAPITOL 17                        
 02/24/97              (H)   MINUTE(TRA)                                       
 02/26/97              (H)   MINUTE(TRA)                                       
 02/27/97       504    (H)   TRA RPT  CS(TRA) NT 4DP 2NR                       
 02/27/97       504    (H)   DP: ELTON, KOOKESH, SANDERS, WILLIAMS             
 02/27/97       504    (H)   NR: COWDERY, MASEK                                
 02/27/97       504    (H)   FISCAL NOTE (REV)                                 
 03/11/97              (H)   FIN AT  1:30 PM HOUSE FINANCE 519                 
 03/12/97              (H)   FIN AT  1:30 PM HOUSE FINANCE 519                 
 03/12/97              (H)   MINUTE(FIN)                                       
 03/20/97              (H)   FIN AT  1:30 PM HOUSE FINANCE 519                 
 04/02/97              (H)   FIN AT  1:30 PM HOUSE FINANCE 519                 
 04/02/97              (H)   MINUTE(FIN)                                       
 04/04/97       986    (H)   FIN RPT  CS(FIN) NT 4DP 3NR 1AM                   
 04/04/97       986    (H)   DP: THERRIAULT, DAVIES, FOSTER, KELLY             
 04/04/97       986    (H)   NR: HANLEY, MARTIN, DAVIS; AM: KOHRING            
 04/04/97       986    (H)   FISCAL NOTE (REV)                                 
 04/22/97              (H)   RLS AT  5:00 PM CAPITOL 120                       
 04/22/97              (H)   MINUTE(RLS)                                       
 04/23/97      1287    (H)   RLS RPT  CS(RLS) NT 2DP 4NR                       
 04/23/97      1287    (H)   DP: PHILLIPS, PORTER                              
 04/23/97      1287    (H)   NR: KOTT, WILLIAMS, NICHOLIA, ELTON               
 04/23/97      1287    (H)   FISCAL NOTE (REV) 4/4/97                          
 04/28/97              (H)   RLS AT  5:00 PM CAPITOL 120                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 NANCY KELLY, Administrative Assistant                                         
   to Representative Gene Therriault                                           
 Alaska State Legislature                                                      
 Capitol Building, Room 511                                                    
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 465-4797                                                    
 POSITION STATEMENT:  Presented amendments to HB 63.                           
                                                                               
 ACTION NARRATIVE                                                              
 TAPE 97-13, SIDE A                                                            
                                                                               
 Number 001                                                                    
                                                                               
 CHAIRMAN PETE KOTT called the House Rules Standing Committee to               
 order at 5:15 p.m.  Members present at the call to order were                 
 Representatives Elton, Porter, Phillips, Nicholia and Kott.                   
 Representatives Vezey and Williams arrived at 5:20 p.m.                       
                                                                               
 HB 63 - MOTOR FUEL TAX EXEMPTION                                              
                                                                               
 Number 0025                                                                   
                                                                               
 CHAIRMAN KOTT announced the committee would address HB 63, "An Act            
 extending the motor fuel tax exemption for fuel sold for use in jet           
 propulsion aircraft to fuel used in those aircraft for flights that           
 continue from a foreign country; and providing for an effective               
 date."  He asked for a motion to rescind the action of moving out             
 of committee HB 63(RLS), Version R.                                           
                                                                               
 Number 0070                                                                   
                                                                               
 REPRESENTATIVE GAIL PHILLIPS moved that the Rules Committee                   
 reconsider action in passing out HB 63(RLS), so that the committee            
 may bring the bill back before the members.                                   
                                                                               
 CHAIRMAN KOTT said, "For a clearer motion, I suspect that still               
 leaves a rescinding motion available."                                        
                                                                               
 Number 0096                                                                   
                                                                               
 REPRESENTATIVE KIM ELTON objected to Representative Phillips'                 
 motion.  He asked for a description of why the bill needs to be               
 back before the committee.                                                    
                                                                               
 REPRESENTATIVE PHILLIPS indicated there is a need for another                 
 amendment.                                                                    
                                                                               
 CHAIRMAN KOTT informed the committee that the amendment is                    
 contained in Version T of HB 63.  He noted he understands there is            
 also another amendment that will be introduced.                               
                                                                               
 REPRESENTATIVE PHILLIPS pointed out that the committee can't do               
 anything until the bill is before the committee.                              
                                                                               
 Number 0140                                                                   
                                                                               
 REPRESENTATIVE ELTON removed his objection.                                   
                                                                               
 CHAIRMAN KOTT said there is a motion to reconsider the action of              
 the committee on CSHB 63(RLS).  He asked if there was an objection.           
 Hearing none, CSHB 63(RLS), as amended, Version R, was before the             
 committee.                                                                    
                                                                               
 Number 0201                                                                   
                                                                               
 REPRESENTATIVE BRIAN PORTER asked if there needs to be a motion to            
 adopt Version R.                                                              
                                                                               
 CHAIRMAN KOTT indicated the committee had already adopted Version             
 R which was the version that was moved from the committee.  He said           
 Version R is now again before the committee.                                  
                                                                               
 REPRESENTATIVE PORTER asked if there is a need to adopt Version T.            
                                                                               
 CHAIRMAN KOTT said, "I think we'll withhold that motion pending the           
 sponsor's staff introduction of a new amendment that may be                   
 relevant to Version R."                                                       
                                                                               
 Number 0237                                                                   
                                                                               
 NANCY KELLY, Administrative Assistant to Representative Gene                  
 Therriault, Alaska State Legislature, came before the committee.              
                                                                               
 CHAIRMAN KOTT asked Ms. Kelly if she has copies of the proposed               
 amendment.                                                                    
                                                                               
 MS. KELLY responded in the affirmative and gave the committee                 
 members a copy.                                                               
                                                                               
 Number 0245                                                                   
                                                                               
 CHAIRMAN KOTT called for an at-ease at 5:18 p.m.  The meeting was             
 called back to order at 5:22 p.m.                                             
                                                                               
 REPRESENTATIVE PHILLIPS suggested that staff review the proposed              
 amendment to make sure everything is in order.  She suggested not             
 taking action.                                                                
                                                                               
 Number 0303                                                                   
                                                                               
 CHAIRMAN KOTT asked Ms. Kelly to explain the amendment.                       
                                                                               
 MS. KELLY explained the amendment was an earlier amendment dated              
 4/22/97, Version P.8.  She said some of the language of the                   
 amendment was rewritten.  The amendment is similar to Version P.8,            
 except for a couple of changes.  She said Section 2(A) was slightly           
 changed.  Ms. Kelly said, "Section (A)2, (3) are the same.  Section           
 (B) is almost the same except for one change.  In Section (C), we             
 added `a resident worker', where it states `resident.'  Everything            
 else basically is the same all the way down through line 16 on page           
 3 of that amendment - P.8 except for a slight change in wording on            
 line 17 of our amendment.  We also deleted the last section, page             
 3, lines 17 through 22, due to constitutionality.  We had received            
 a partial opinion from Jack Chenoweth, the drafter, as far as the             
 constitutionality of some of the terms in that amendment, dated               
 4/22.  He is working on a complete one for us addressing all the              
 issues in it.  I do have copies of that if you'd like to have that.           
 And so that's why we redrafted some of the wording to make it                 
 doable.  Mr. Chenoweth stated to Representative Therriault this               
 morning that the deletion on the nonseverability clause is                    
 applicable because -- and the Representative was concerned about an           
 outside firm being able to come in and -- it would allow an outside           
 firm to come in and sue and win on a case against a local firm.               
 Mr. Chenoweth agrees with that idea which is why we deleted that              
 nonseverability issue.  Representative Therriault is, of course,              
 all for local hire.  He just wanted to insert some language that              
 would be usable for the refineries to the original amendment.                 
 Hopefully, he'll explain it to you."                                          
                                                                               
 Number 0580                                                                   
                                                                               
 REPRESENTATIVE PORTER referred to page 2, lines 12 and 13...                  
                                                                               
 MS. KELLY interjected that the entire amendment was for Version R,            
 as they have not received a copy of Version T.                                
                                                                               
 REPRESENTATIVE PORTER said, "Section 2 of the amendment just                  
 obliterated that whole section, but now you're amending it, so                
 something is wrong."  He pointed out that if it starts on page 2,             
 line 6, you would have eliminated Section 2 of Version T.  He said            
 you can't eliminate it then amend it.                                         
                                                                               
 MS. KELLY said she was initially addressing Version R as she hasn't           
 seen Version T.                                                               
                                                                               
 REPRESENTATIVE PORTER apologized and noted he was referring to                
 Version R.                                                                    
                                                                               
 Number 0677                                                                   
                                                                               
 REPRESENTATIVE ELTON said Section 2 of Version R would become the             
 new Section 3.                                                                
                                                                               
 MS. KELLY added that it would have to be renumbered.                          
                                                                               
 Number 0721                                                                   
                                                                               
 REPRESENTATIVE ELTON agreed with Representative Phillips in that              
 the committee needs time to review the amendment.  He said, "I                
 think both this amendment to Version R and the new Version of T are           
 trying to accomplish the same thing and I think there are a couple            
 of places in which the wording is a little bit different."                    
 Representative Elton said he needs time to decide which version is            
 best.                                                                         
                                                                               
 Number 0722                                                                   
                                                                               
 REPRESENTATIVE BILL WILLIAMS said Mr. Chenoweth drafted both                  
 versions of the bill and suggested that he explain the bills.                 
                                                                               
 Number 0812                                                                   
                                                                               
 CHAIRMAN KOTT said it is his intent to hold the bill over until the           
 following day.  He asked the committee to put Version T aside and             
 work with Version R.  He noted staff would try and fit in Amendment           
 P.10 into Version R.                                                          
                                                                               
 REPRESENTATIVE PORTER said he would like to understand what the               
 amendment does that is before the committee.                                  
                                                                               
 Number 0885                                                                   
                                                                               
 MS. KELLY said it specifically addresses the issue of local hire.             
 It sets up some provisions for a refiner, if a refiner chooses to             
 expand...                                                                     
                                                                               
 REPRESENTATIVE PORTER said he would like the explanation when the             
 committee meets again on the bill.                                            
                                                                               
 MS. KELLY indicated she would provide the explanation at the next             
 hearing on the bill.  She said if the committee prefers, the                  
 amendment could be rolled into a proposed committee substitute.               
                                                                               
 CHAIRMAN KOTT said the committee would work on that once it is                
 determined that there are similarities between the original                   
 version, the amendment and committee substitute.                              
                                                                               
 CHAIRMAN KOTT indicated HB 63 would be held until the following               
 day.                                                                          
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 0971                                                                   
                                                                               
 CHAIRMAN KOTT recessed the House Rules Standing Committee meeting             
 at approximately 5:17 p.m.                                                    
                                                                               

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