Legislature(1993 - 1994)

1993-04-26 Senate Journal

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1993-04-26                     Senate Journal                      Page 1775
HB 66                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S "An                           
Act relating to an exemption from and deferral of municipal property           
taxes for certain primary residences, to property tax equivalency              
payments for certain residents, to the determination of full and true          
value of taxable property in a municipality; and providing for an              
effective date" which had been placed at the bottom of today's                 
calendar (page 1766) was before the Senate in second reading.                  
                                                                               
Senator Duncan renewed his motion that SENATE CS FOR CS FOR                    
HOUSE BILL NO. 66(FIN) am S be held to the April 27 calendar                   
in second reading.  Senator Taylor objected.                                   
                                                                               
The question being: "Shall SENATE CS FOR CS FOR HOUSE                          
BILL NO. 66(FIN) am S be held to the April 27 calendar in second               
reading?"  The roll was taken with the following result:                       
                                                                               
SCS CSHB 66(FIN) am S                                                          
Second Reading                                                                 
Hold in Second Reading to 4/27                                                 
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Rieger changed from "Yea" to "Nay".                                            
                                                                               
and so, the bill was not held.                                                 
                                                                               
                                                                               

1993-04-26                     Senate Journal                      Page 1776
HB 66                                                                        
Senator Salo moved for the adoption of Amendment No. 1 offered                 
on page 1766.  Senator Sharp objected.                                         
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 66(FIN) am S                                                          
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Taylor offered Amendment No. 2 :                                        
                                                                               
Page 4, line 10: after "homes,"                                                
		Insert "and marine vessels"                                                  
                                                                               
Page 4, line 30: after "homes,"                                                
		Insert "and marine vessels"                                                  
                                                                               
Senator Taylor moved for the adoption of Amendment No. 2.                      
Senator Duncan objected.                                                       
                                                                               
Senator Little moved and asked unanimous consent that Amendment                
No. 2 be amended as follows:                                                   
                                                                               
	Delete "and" in both places                                                   
	Insert "or" in both places                                                    
                                                                               
Senator Duncan objected.                                                       
                                                                               

1993-04-26                     Senate Journal                      Page 1777
HB 66                                                                        
Senator Little moved and asked unanimous consent that her motion               
to amend Amendment No. 2 be withdrawn.  Without objection, it                  
was so ordered.                                                                
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 66(FIN) am S                                                          
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Jacko, Miller, Pearce, Rieger, Taylor                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Frank, Halford, Kelly,                    
Kerttula, Leman, Lincoln, Little, Phillips, Salo, Sharp, Zharoff               
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Amendment No. 3 was not offered.                                               
                                                                               
Senator Salo offered Amendment No. 4 :                                          
                                                                               
Page 3, following sec. 4:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 5.  AS 29.45 is amended by adding a new section to                
read:                                                                          
	Sec. 29.45.042.  MANDATORY DEFERRAL FOR                                      
CERTAIN RESIDENCES.  (a)  Payment of taxes on the                              
first $150,000 of the assessed value of real property is                       
deferred if the property is owned and occupied as the                          
primary residence and permanent place of abode by a                            
resident of the state who is eligible under (b) of this section                
and is (1) 65 years of age or older; or (2) at least 60 years                  
old and the widow or widower of an individual who                              
qualified for an exemption under former AS29.45.030(e)(1)                      
                                                                               
                                                                               

1993-04-26                     Senate Journal                      Page 1778
HB 66                                                                        
or for a deferral under (1) of this subsection.  The taxes                    
become due when the property ceases to be owned by the                         
resident who qualified for the deferral or the spouse if the                   
spouse also qualified for a deferral.  Only one deferral may                   
be granted for the same property and, if two or more                           
persons are eligible for a deferral for the same property, the                 
parties shall decide between or among themselves who is to                     
receive the benefit of the deferral.  Payment of taxes may                     
not be deferred under this section if the assessor determines,                 
after notice and hearing to the parties, that the property was                 
conveyed to the applicant primarily for the purpose of                         
obtaining the deferral.  The determination of the assessor                     
may be appealed under AS44.62.560 - 44.62.570.                                 
	(b)  To qualify for a deferral for a year, the                               
adjusted gross income of an individual for the prior year                      
may not exceed $24,000 if the individual filed a single                        
return, or $36,000 if the individual files jointly with another.               
The determination of adjusted gross income is based upon                       
the federal income tax return filed by the individual.                         
	(c)  In this section, "real property" includes mobile                        
homes, whether classified as real or personal property for                     
municipal tax purposes."                                                       
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Salo moved for the adoption of Amendment No. 4.  Senator               
Miller objected.                                                               
                                                                               
The question being: "Shall Amendment No. 4 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1993-04-26                     Senate Journal                      Page 1779
HB 66                                                                        
                                                                               
SCS CSHB 66(FIN) am S                                                          
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 5 :                                        
                                                                               
Page 3, lines 24 and 25:                                                       
	Delete "at least 60 years old"                                                
                                                                               
Page 4, line 16:                                                               
	Delete "at least 60 years old"                                                
                                                                               
Senator Duncan moved for the adoption of Amendment No. 5.                      
Senator Miller objected.                                                       
                                                                               
The question being: "Shall Amendment No. 5 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 66(FIN) am S                                                          
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
                                                                               

1993-04-26                     Senate Journal                      Page 1780
HB 66                                                                        
and so, Amendment No. 5 failed.                                                
                                                                               
Senator Little offered Amendment No. 6 :                                        
                                                                               
Page 5, line 1:                                                                
	Delete "1994"                                                                 
	Insert "1995"                                                                 
                                                                               
Senator Little moved for the adoption of Amendment No. 6.  Senator             
Sharp objected.                                                                
                                                                               
The question being: "Shall Amendment No. 6 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 66(FIN) am S                                                          
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
Senator Little offered Amendment No. 7 :                                        
                                                                               
Page 3, in AS29.45.052 added by sec. 6:                                        
	Insert a new subsection to read:                                              
	"(c)  The state shall reimburse a municipality for                           
one-half of the real property tax revenue lost to it as a                      
result of an exemption granted under (a) or (b) of this                        
section.  However, reimbursement may be made only to the                       
extent that the loss exceeds an exemption that was granted                     
                                                                               
                                                                               

1993-04-26                     Senate Journal                      Page 1781
HB 66                                                                        
by the municipality, or that on proper application by                         
an individual would have been granted, under AS                                
29.45.050(a), and no reimbursement may be made                                 
for revenue lost as a result of an exemption granted                           
for that portion of the assessed value of real                                 
property that exceeds $100,000.  If appropriations                             
are not sufficient to fully fund reimbursements under                          
this subsection, the amount available shall be                                 
distributed pro rata among eligible municipalities."                           
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Senator Little moved for the adoption of Amendment No. 7.  Senator             
Pearce objected.                                                               
                                                                               
Senator Duncan called the Senate.                                              
                                                                               
The question being: "Shall Amendment No. 7 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 66(FIN) am S                                                          
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 7 failed.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S be considered                        
engrossed, advanced to third reading and placed on final passage.              
Senator Adams objected.                                                        
                                                                               

1993-04-26                     Senate Journal                      Page 1782
HB 66                                                                        
The question being: "Shall SENATE CS FOR CS FOR HOUSE                          
BILL NO. 66(FIN) am S be advanced to third reading?"  The roll                 
was taken with the following result:                                           
                                                                               
SCS CSHB 66(FIN) am S                                                          
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.