Legislature(2009 - 2010)
2010-04-18 House Journal
Full Journal pdf2010-04-18 House Journal Page 2482 SB 312 The following, which was advanced to third reading from the April 17, 2010, calendar (page 2427), was read the third time: CS FOR SENATE BILL NO. 312(FIN) "An Act relating to the deposit of the proceeds of the tax on gambling operations aboard certain commercial passenger vessels into the general fund; providing for a reduction in the excise tax to $34.50 for a passenger for each voyage on a commercial passenger vessel; describing the passengers that are subject to the excise tax and liable for the payment of the tax; providing for a reduction in the state excise tax imposed on a passenger traveling on a commercial passenger vessel by the amount of tax on a passenger traveling on a commercial passenger vessel imposed by a municipality under a law enacted before December 17, 2007; authorizing appropriations from the commercial vessel passenger tax account to the first seven ports of call in the state and for costs associated with commercial passenger vessels and the passengers on board; limiting the use of funds appropriated from the commercial passenger vessel tax account to expenditures related to port facilities, harbor infrastructure, other services provided to the commercial passenger vessels and the passengers on board those vessels and certain other purposes; repealing the regional cruise ship impact fund; relating to the administration of the excise tax by the Department of Revenue and regulations required to be adopted; requiring a report from the Department of 2010-04-18 House Journal Page 2483 Commerce, Community, and Economic Development relating to safely and efficiently hosting passengers; defining 'voyage' for purposes of the excise tax; relating to municipal levies on a passenger on a commercial passenger vessel; and providing for an effective date." Representative Austerman moved and asked unanimous consent that CSSB 312(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, CSSB 312(FIN) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representatives Austerman and Kelly: Page 2, lines 12 - 13, following "in": Delete all material and insert: "the large passenger vessel gaming and gambling tax account that is established as a subaccount within the commercial vessel passenger tax account (AS 43.52.230(a)) [A SPECIAL "COMMERICAL VESSEL PASSENGER TAX ACCOUNT" IN THE GENERAL FUND]." Representative Austerman moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Austerman and Kelly: Page 3, line 18: Delete "For" Insert "Except as provided in (e) of this section, for" Page 4, line 5: Delete "a new subsection" Insert "new subsections" Page 4, following line 12: Insert a new subsection to read: 2010-04-18 House Journal Page 2484 "(e) After October 31, 2010, and before November 1, 2015, a home rule or general municipality that imposes and collects a tax on a passenger traveling on a commercial passenger vessel under a law enacted by the municipality before December 17, 2007, may not receive a distribution under (b) of this section." Representative Austerman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Gatto objected. Representative Johansen placed a call of the House on the bill. The call was satisfied. Representative Gatto withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Seaton: Page 4, lines 27 - 28: Delete "under a law enacted before December 17, 2007" Insert ", as follows: (1) for a law enacted by the municipality before December 17, 2007, for the purpose of using the proceeds from the tax to retire a debt obligation, the tax imposed on a passenger under AS 43.52.200 - 43.52.295 is reduced by the amount of the tax imposed and collected by the municipality until the debt obligation has been paid in full; (2) for a law enacted by a municipality after December 31, 2000, and before December 17, 2007, that was not enacted for the purpose of using the proceeds from the tax to retire a debt obligation, the tax imposed on a passenger under AS 43.52.200 - 43.52.295 is reduced through October 31, 2011 by the amount of the tax imposed and collected by the municipality; (3) for a law enacted by a municipality before January 1, 2000, that was not enacted for the purpose of using the proceeds from the tax to retire a debt obligation, the tax imposed on a passenger under AS 43.52.200 - 43.52.295 is reduced through October 31, 2013 by the amount of the tax imposed and collected by the municipality." 2010-04-18 House Journal Page 2485 Representative Seaton moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Johansen objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 312(FIN) am H Second Reading Amendment No. 3 YEAS: 6 NAYS: 34 EXCUSED: 0 ABSENT: 0 Yeas: Kawasaki, Munoz, Salmon, Seaton, Thomas, Tuck Nays: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, Lynn, Millett, Neuman, Olson, Petersen, Ramras, Stoltze, P.Wilson, T.Wilson And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Thomas: Page 5, line 10: Delete "and 43.52.250 are repealed" Insert "is repealed" Representative Thomas moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Munoz objected. Representative Ramras moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Ramras was required to vote. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2010-04-18 House Journal Page 2486 CSSB 312(FIN) am H Second Reading Amendment No. 4 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Crawford, Doogan, N.Foster, Gara, Gardner, Gatto, Harris, Holmes, Joule, Kawasaki, Keller, Neuman, Salmon, Seaton, Stoltze, Thomas, Tuck Nays: Austerman, Dahlstrom, Edgmon, Fairclough, Gruenberg, Guttenberg, Hawker, Herron, Johansen, Johnson, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, P.Wilson, T.Wilson Gara changed from "Nay" to "Yea". Holmes changed from "Nay" to "Yea". Stoltze changed from "Nay" to "Yea". Cissna changed from "Nay" to "Yea". Seaton changed from "Nay" to "Yea". And so, Amendment No. 4 was not adopted. Representative Austerman moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 2 (page 2484). There being no objection, it was so ordered. Amendment No. 2 was again before the House (page 2483). Representative Austerman moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. New Amendment No. 2 was offered by Representatives Austerman and Kelly: Page 4, line 5: Delete "a new subsection" Insert "new subsections" 2010-04-18 House Journal Page 2487 Page 4, following line 12: Insert a new subsection to read: "(e) After October 31, 2010, and before November 1, 2015, a home rule or general municipality that imposes and collects a tax on a passenger traveling on a commercial passenger vessel under a law enacted by the municipality before December 17, 2007, may not receive an appropriation under (d) of this section." Representative Austerman moved and asked unanimous consent that New Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, New Amendment No. 2 was adopted. Representative Thomas moved and asked unanimous consent that the House rescind previous action in failing to adopt Amendment No. 4 (page 2485). There being no objection, it was so ordered. Amendment No. 4 was again before the House. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 312(FIN) am H Second Reading Amendment No. 4 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Buch, Doogan, N.Foster, Gara, Gardner, Gatto, Guttenberg, Holmes, Joule, Kawasaki, Keller, Salmon, Seaton, Thomas, Tuck Nays: Austerman, Chenault, Cissna, Crawford, Dahlstrom, Edgmon, Fairclough, Gruenberg, Harris, Hawker, Herron, Johansen, Johnson, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Stoltze, P.Wilson, T.Wilson And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives Kerttula and Gardner: 2010-04-18 House Journal Page 2488 Page 5, following line 10: Insert a new bill section to read: "* Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to read: SUBSEQUENT LEGISLATIVE REVIEW. The Twenty-Eighth Alaska State Legislature, in its Second Regular Session, shall revisit the changes made under this Act. In addition to the report required under AS 43.52.260, added by sec. 10 of this Act, the commissioner of revenue shall, on or before January 1, 2014, submit a written report to the president of the senate and the speaker of the house of representatives regarding the effect of this Act on revenue and travel to and from state ports by commercial passenger vessels during the period beginning January 1, 2010, and ending November 15, 2013. The report must include, for each calendar year, (1) the number of passengers subject to state taxes under AS 43.52.200 - 43.52.295; (2) tax revenue collected by the state under AS 43.52.200 - 43.52.295; (3) the amount of municipal taxes imposed and collected by each home rule or general law municipality that, under AS 43.52.255, added by sec. 9 of this Act, reduced the tax imposed under AS 43.52.200 - 43.52.295; (4) the total amount of taxes related to gambling activities collected under AS 43.35.200 - 43.35.220; (5) a list of ports in the state that were visited by commercial passenger vessels and, for each port listed, (A) the number of passengers on board those vessels; (B) the amount of taxes the state collected under AS 43.52.200 - 43.52.295; and (C) the amount of taxes the state distributed to the port of call under AS 43.52.200 - 43.52.295." Renumber the following bill section accordingly. Representative Kerttula moved and asked unanimous consent that Amendment No. 5 be adopted. There being no objection, it was so ordered. CSSB 312(FIN) am H was automatically in third reading. 2010-04-18 House Journal Page 2489 Representative Ramras moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Ramras was required to vote. The question being: "Shall CSSB 312(FIN) am H pass the House?" The roll was taken with the following result: CSSB 312(FIN) am H Third Reading Final Passage YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Chenault, Crawford, Dahlstrom, Edgmon, Fairclough, N.Foster, Harris, Hawker, Herron, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Stoltze, Tuck, P.Wilson, T.Wilson Nays: Buch, Cissna, Doogan, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holmes, Kawasaki, Salmon, Seaton, Thomas And so, CSSB 312(FIN) am H passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Engrossment of CSSB 312(FIN) am H was waived (page 2471). It was signed by the Speaker and Chief Clerk and transmitted to the Senate with copies of certified amendments attached.