Legislature(2005 - 2006)

2005-05-08 Senate Journal

Full Journal pdf

2005-05-08                     Senate Journal                      Page 1481
HB 286                                                                                            
Senator Therriault requested that the reconsideration on SENATE CS                                  
FOR HOUSE BILL NO. 286(RES) be taken up. The bill was before                                        
the Senate on reconsideration.                                                                      
Senator Therriault moved that the bill be returned to second reading                                
for the purpose of a specific amendment, that being Amendment No.                                   
2. Without objection, the bill was returned to second reading.                                      
Amendment No. 1 was not offered.                                                                    
Senator Therriault offered Amendment No. 2 :                                                         
Page 1, line 8, following "state;":                                                               
     Insert "prohibiting municipalities from imposing severance                                   
taxes on minerals"                                                                                
Page 1, following line 9:                                                                           
     Insert new bill sections to read:                                                              
     "* Section 1.  AS 29.10.200 is amended by adding a new                                       
paragraph to read:                                                                                  
               (64)  AS 29.45.820 (severance tax on minerals).                                     
        * Sec. 2.  AS 29.45 is amended by adding a new section to read:                           
              Sec. 29.45.820.  Taxes on minerals.  A municipality may                             
          not impose a severance tax on minerals produced or extracted                              
          in the municipality other than a tax imposed before January 1,                            
          2005.  If a severance tax on minerals produced or extracted in                            
          a municipality was imposed before January 1, 2005, the                                    
          municipality or its successor may continue to levy the tax,                               

2005-05-08                     Senate Journal                      Page 1482
          regardless of any subsequent annexation, merger,                                          
          consolidation, unification, or reclassification of the                                    
          municipality that imposed the tax before January 1, 2005.                                 
          This section applies to home rule and general law                                         
          municipalities.  For purposes of this section, "mineral" means                            
          ore and mineral products other than sand, gravel, and coal."                              
Page 1, line 10:                                                                                    
     Delete "Section 1"                                                                           
     Insert "Sec. 3"                                                                              
Renumber the following bill sections accordingly.                                                   
Page 7, line 19:                                                                                    
     Delete all material and insert:                                                                
        "* Sec. 11.  REPEAL.  AS 29.10.200(64) and AS 29.45.820 are                               
        * Sec. 12.  The uncodified law of the State of Alaska is amended                          
by adding a new section to read:                                                                    
     RETROACTIVITY.  Sections 1 and 2 of this Act are retroactive                                   
to January 1, 2005.                                                                                 
        * Sec. 13.  Section 11 of this Act takes effect September 1,                              
        * Sec. 14.  Except as provided in sec. 13 of this Act, this Act                           
takes effect immediately under AS 01.10.070(c)."                                                    
Senator Therriault moved for the adoption of Amendment No. 2.                                       
Senator Ellis objected.                                                                             
Senator Wilken moved and asked unanimous consent for the adoption                                   
of the following amendment to Amendment No. 2:                                                      
Page 2, line 8:                                                                                     
 Delete "September 1, 2006"                                                                         
 Insert "June 1, 2006"                                                                              
Objections were heard, then withdrawn. There being no further                                       
objection, Amendment No. 2 was amended.                                                             

2005-05-08                     Senate Journal                      Page 1483
Senator Therriault moved and asked unanimous consent to withdraw                                    
Amendment No. 2 as amended. Without objection, it was so ordered.                                   
The question to be reconsidered: "Shall SENATE CS FOR HOUSE                                         
BILL NO. 286(RES) "An Act amending the manner of determining                                        
the royalty received by the state on gas production by directing the                                
commissioner of natural resources to accept, under certain                                          
circumstances, the transfer price of the gas if established by transfer                             
price order of the Regulatory Commission of Alaska; extending and                                   
amending the requirements applicable to the credit that may be                                      
claimed for certain oil and gas exploration expenses incurred in Cook                               
Inlet against oil and gas properties production (severance) taxes, and                              
amending the credit against those taxes for certain exploration                                     
expenditures from leases or properties in the state; and providing for                              
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
SCS HB 286(RES)                                                                                     
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
Excused:  Bunde                                                                                     
and so, SENATE CS FOR HOUSE BILL NO. 286(RES) passed the                                            
Senate on reconsideration.                                                                          
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.