Legislature(1993 - 1994)

1993-05-06 Senate Journal

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1993-05-06                     Senate Journal                      Page 2094
HB 264                                                                       
CS FOR HOUSE BILL NO. 264(FIN) "An Act levying and                             
providing for the collection of and disposition of the proceeds of a           
fishery resource landing tax; and providing for an effective date" was         
read the second time.                                                          
                                                                               
Senator Duncan offered Amendment No. 1 :                                        
                                                                               
Page 6, following line 28:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 4.  SUSPENSION OF PAYMENT IN EVENT OF CIVIL                       
LITIGATION.  If a civil action is filed that challenges or seeks to            
invalidate the tax imposed by this Act as violative of a provision of          
the United States Constitution, for the duration of the pendency of            
the civil action, notwithstanding AS43.77.050 and 43.77.060, added             
by sec.1 of this Act, authorizing the appropriation of a portion of            
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2095
HB 264                                                                       
the amount received from the tax, the commissioner of revenue shall            
withhold the amounts required to be deposited in separate accounts             
in the general fund, place the respective account balances in escrow,          
and invest them as other state funds are invested.  A payment may              
not be made under AS43.77.050 or 43.77.060 until entry of a final              
order concluding the civil action and the expiration of any time for           
appeal.  If the state prevails in the civil action, the commissioner of        
revenue shall terminate the escrow and, subject to appropriation,              
promptly pay the account balances, with the interest earned on them,           
as authorized by AS43.77.050 and 43.77.060."                                   
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Senator Duncan moved for the adoption of Amendment No. 1.                      
Senator Frank objected.                                                        
                                                                               
Senator Pearce called the Senate.  The call was satisfied.                     
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 264(FIN)                                                                  
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 Zharoff offered Amendment No. 2 :                                       
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2096
HB 264                                                                       
Page 1, line 10, after "landing":                                              
	Insert "unless the place of landing is within a municipality                  
that, under AS43.77.080(a), has approved an ordinance requesting               
the department to suspend the collection of the tax."                          
                                                                               
Page 3, line 27, after "section":                                              
	Insert "and AS43.77.080(e)"                                                   
                                                                               
Page 5, following line 19:                                                     
	Insert a new bill section to read:                                            
	"Sec. 43.77.080.  SUSPENDED COLLECTION OF                                    
STATE LEVY AT MUNICIPAL OPTION.  (a)  A                                        
municipality may request the department to suspend the                         
collection within the municipality of the tax on fishery                       
resources under this chapter.  To request suspension of the                    
collection, the municipality shall adopt an ordinance asking                   
the department to suspend the collection of the tax.                           
	(b)  A municipality that has approved an ordinance                           
under (a) of this section may seek to have the collection of                   
the tax reinstated.  The procedures set out in (a) of this                     
section apply to reinstatement of collection of the tax under                  
this subsection.                                                               
	(c)  The municipal clerk shall immediately advise                            
the department of the adoption of an ordinance under (a) or                    
(b) of this section.                                                           
	(d)  If a municipality adopts an ordinance under (a)                         
or (b) of this section, the department shall suspend collection                
of the tax imposed by this chapter in the municipality                         
effective on the earlier of January1 or July 1 next following                  
the ordinance's approval.                                                      
	(e)  A municipality in which the collection of the                           
tax imposed by this chapter has been suspended by (a) of                       
this section is not entitled to a payment authorized under                     
AS43.77.060."                                                                  
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 2.                     
Senator Jacko objected.                                                        

1993-05-06                     Senate Journal                      Page 2097
HB 264                                                                       
The question being:  Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 264(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Lincoln, Little, Salo, Zharoff                    
                                                                               
Nays:  Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman,                  
Miller, Pearce, Phillips, Rieger, Sharp, Taylor                                
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 3 :                                        
                                                                               
Page 3, line 1, after "(b)"                                                    
                                                                               
	Insert "A taxpayer other than a taxpayer who is eligible for                  
a credit under (a) of this section may claim as a credit, against not          
more than 11.37% of the tax under this chapter that is due on the              
value of the fishery resource harvested, the taxpayer's contributions          
made during the tax year to a nonprofit corporation incorporated               
under the laws of the state that are used by the recipient for one or          
more of the purposes set out in (a) of this section.                           
                                                                               
	(c)"                                                                          
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Page 3, line 2, after "(a)"                                                    
                                                                               
	Insert "or (b)"                                                               
                                                                               
Page 3, line 10, after "(a)"                                                   
                                                                               
	Insert "or (b)"                                                               

1993-05-06                     Senate Journal                      Page 2098
HB 264                                                                       
Page 3, line 24:                                                               
                                                                               
	Delete "AS 43.77.040(b)"                                                      
	Insert  "AS 43.77.040(c)"                                                     
                                                                               
Senator Duncan moved for the adoption of Amendment No. 3.                      
Senator Pearce objected.                                                       
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 264(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
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. 3 failed.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 264(FIN) be advanced to third reading and                       
placed on final passage.  Senator Duncan objected.                             
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 264(FIN)                     
be advanced to third reading?"  The roll was taken with the                    
following result:                                                              
                                                                               
CSHB 264(FIN)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2099
HB 264                                                                       
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Frank, Halford, Jacko, Leman, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Lincoln,                 
Little, Salo, Zharoff                                                          
                                                                               
and so, the bill failed to be advanced.