Legislature(1993 - 1994)

1994-04-13 Senate Journal

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1994-04-13                     Senate Journal                      Page 3638
HB 406                                                                       
CS FOR HOUSE BILL NO. 406(FIN) "An Act relating to municipal                   
taxes and fees on the air transportation of individuals or goods by            
federally certificated air carriers; and providing for an effective date"      
was read the second time.                                                      
                                                                               
Senator Rieger moved and asked unanimous consent for the adoption              
of the Rules Senate Committee Substitute offered on page 3629.                 
Senator Duncan objected, then withdrew his objection.  There being             
no further objections, SENATE CS FOR CS FOR HOUSE BILL                         
NO. 406(RLS) was adopted.                                                      
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 406(RLS) was read                          
the second time.                                                               
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 406(RLS) be considered                            
engrossed, advanced to third reading and placed on final passage.              
Without objection, it was so ordered.                                          
                                                                               
                                                                               

1994-04-13                     Senate Journal                      Page 3639
HB 406                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 406(RLS) was read                          
the third time.                                                                
                                                                               
Senator Sharp moved and asked unanimous consent that the                       
following Finance Committee Letter of Intent be adopted as a Senate            
Letter of Intent.  Senator Duncan objected, then withdrew his                  
objection.  There being no further objections, the Senate Letter of            
Intent was adopted.                                                            
                                                                               
                                Letter of Intent                               
                                      for                                      
                  SENATE CS for CS for HOUSE BILL NO. 406(RLS)                 
                                                                               
It is the intent of the Legislature to define the                             
powers of municipalities to tax commercial aviation                            
activities in a manner consistent with federal                                 
aviation law.                                                                  
                                                                               
Municipalities may not levy taxes, directly or                                
indirectly, on passengers and air freight carried by                           
commercial air service companies holding Federal                               
Aviation Administration certificates.                                          
                                                                               
Municipalities may levy other taxes, currently                                
permitted under federal law, such as landing taxes,                            
fuel flowage fees, property taxes, and taxes on the                            
sale of goods and services which are incidental to                             
air transportation such as food provided to airline                            
passengers.                                                                    
                                                                               
Federal taxes on passengers and air freight, paid by                          
airport users, are returned to the States through the                          
Airport and Airways Trust Fund for the construction                            
of new airport facilities.  This was one reason for                            
federal limitation on the rights of states and                                 
municipalities to tax air transportation.                                      
                                                                               
                                                                               

1994-04-13                     Senate Journal                      Page 3640
HB 406                                                                       
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
BILL NO. 406(RLS)  "An Act relating to municipal taxes and fees                
on the air transportation of individuals or goods by federally                 
certificated air carriers; and providing for an effective date" pass the       
Senate?"  The roll was taken with the following result:                        
                                                                               
SCS CSHB 406(RLS)                                                              
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
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, SENATE CS FOR CS FOR HOUSE BILL NO. 406(RLS)                           
passed the Senate with a Senate Letter of Intent.                              
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 406(RLS)                                                              
Effective Date Vote                                                            
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly,                    
Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo,              
Sharp, Taylor, Zharoff                                                         
                                                                               
Nays:  Ellis, Little                                                           
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
Senator Duncan gave notice of reconsideration.