Legislature(1993 - 1994)
1994-04-11 House Journal
Full Journal pdf1994-04-11 House Journal Page 3242 HB 498 The following was read the second time: HOUSE BILL NO. 498 "An Act providing for exploration incentive credits for activities involving locatable and leasable minerals and coal deposits on certain land in the state; and providing for an effective date." with the: Journal Page RES RPT CS(RES) 7DP 1NR 3042 -FISCAL NOTE (REV) 3/29/94 3042 FIN RPT CS(FIN) 6DP 1DNP 1NR 3194 -PREVIOUS FISCAL NOTE (REV) 3/29/94 3194 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 498(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 2, line 27, after "subsection": Insert "and documentation to support the amounts that are claimed" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. 1994-04-11 House Journal Page 3243 HB 498 Representative Vezey objected. Representative Brown placed a call of the House and lifted the call. The Speaker placed a call of the House. Representative Davies rose to a point of order regarding the characterization of an amendment. The Speaker allowed the member to continue. The Speaker lifted the call. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 498(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 26 EXCUSED: 0 ABSENT: 3 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams Absent: Navarre, Therriault, Ulmer Barnes changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. 1994-04-11 House Journal Page 3244 HB 498 Amendment No. 2 was offered by Representative Brown: Page 2, following line 29: Insert a new subsection to read: "(e) An exploration incentive credit may not be granted under (a) of this section to a qualified applicant for exploration activity described in that subsection that occurs after the date on which the first shipment of coal or mining product from the parcel or site is made." Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Foster objected. The Speaker placed a call of the House. Amendment to Amendment No. 2 was offered by Representative Brown: In subsection (e), after "first": Insert "commercial" In subsection (e), after "coal or": Delete "mining product" Insert "ore" Representative Brown moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. The call was satisfied. 1994-04-11 House Journal Page 3245 HB 498 The question being: "Shall Amendment No. 2 as amended be adopted?" The roll was taken with the following result: CSHB 498(FIN) Second Reading Amendment No. 2 as amended YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Green, Grussendorf, Kott, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Hanley, Hoffman, Hudson, James, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 2 as amended was not adopted. Amendment No. 3 was offered by Representative Brown: Page 2, line 31: Delete "parcel or site" Insert "mining lease or coal lease or, if the exploration activity is not under lease, then for each mining location or prospecting permit" Page 3, line 2: Delete "parcel or site" Insert "mining lease, coal lease, mining location, or area described in the prospecting permit, as applicable," Page 3, line 6: Delete "on the parcel or site" Insert "within the area described in the mining lease, coal lease, mining location, or prospecting permit and" 1994-04-11 House Journal Page 3246 HB 498 Page 3, line 19: Delete "site at" Insert "mining lease, coal lease, mining location, or prospecting permit on" Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 498(FIN) Second Reading Amendment No. 3 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Green, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brown: Page 2, following line 29: Insert a new subsection to read: "(e) The commissioner shall disallow the claim of an exploration incentive credit under this chapter for an activity of a qualified applicant that occurs in any year in which the commissioner determines that the qualified applicant owes a debt to a state agency or to a public corporation of the state, unless the debt has been contested and an appeal is pending or unless the time limit for filing an appeal of the debt has not expired. 1994-04-11 House Journal Page 3247 HB 498 Disallowance of the claim of the exploration incentive credit under this subsection precludes allowance in any subsequent year of the claim based on that activity." Page 3, line 15, after "CREDIT.": Insert "(a)" Page 3, following line 20: Insert a new subsection to read: "(b) The commissioner shall disallow the use of a claim of an exploration incentive credit under this chapter in any year in which the commissioner determines that the qualified applicant owes a debt to a state agency or to a public corporation of the state, unless the debt has been contested and an appeal is pending or unless the time limit for filing an appeal of the debt has not expired. Disallowance of the use of the claim of the exploration incentive credit under this subsection does not extend the time in which the credit may be used under (a)(1) of this section." Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Phillips objected. Amendment to Amendment No. 4 was offered by Representative Ulmer: In new subsections (e) and (b), after "qualified applicant": Delete "owes a debt" Insert "is in default in payments owed" Representative Ulmer moved and asked unanimous consent that the amendment to Amendment No. 4 be adopted. There being no objection, it was so ordered. 1994-04-11 House Journal Page 3248 HB 498 The question being: "Shall Amendment No. 4 as amended be adopted?" The roll was taken with the following result: CSHB 498(FIN) Second Reading Amendment No. 4 as amended YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Parnell, Porter, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 4 as amended was not adopted. Amendment No. 5 was offered by Representative Brown: Page 2, line 8: Delete "AS 43.20 and" Page 3, line 3: Delete "AS 43.20 and" Page 5, lines 16 - 19: Delete all material. Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 5 be adopted. 1994-04-11 House Journal Page 3249 HB 498 Representative James objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 498(FIN) Second Reading Amendment No. 5 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Brown: Page 6, lines 1 - 4: Delete all material and insert: "* Sec. 6. This Act applies to activities that qualify for the incentive tax credit authorized by AS 27.30 that are undertaken on and after the effective date of this Act. * Sec. 7. This Act takes effect January 1, 1995." 1994-04-11 House Journal Page 3250 HB 498 Representative Brown moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 498(FIN) Second Reading Amendment No. 6 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 6 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 498(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 498(FIN) will be in third reading on the April 12, 1994, calendar.