Legislature(1993 - 1994)
1993-05-06 Senate Journal
Full Journal pdf1993-05-06 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.