Legislature(2011 - 2012)
2012-04-15 House Journal
Full Journal pdf2012-04-15 House Journal Page 2527 SB 23 Representative Austerman moved and asked unanimous consent that the House rescind previous action in passing (page 2505) the following: HOUSE CS FOR CS FOR SENATE BILL NO. 23(RLS) am H "An Act relating to taxes and tax credits; relating to oil and gas production taxes; relating to tax credits for oil and gas exploration; relating to tax credits and cost savings for liquefied natural gas storage and reducing costs to consumers; relating to an exemption from rental payments on state land for certain liquefied natural gas facilities; relating to transferable film production tax credits and film production tax credit certificates; relating to the taxes against which a film production tax credit may be applied; transferring the film office to the Department of Revenue and relating to that office; establishing the Alaska Film Incentive Review Commission; establishing a film production promotion program; relating to the amount of credit that may be awarded for compensation to producers, directors, writers, and actors who are not residents; providing for a fee to be paid at the time an 2012-04-15 House Journal Page 2528 application for eligibility for the film production tax credit is filed; providing a one-time credit for the first episodic scripted television production in the state; requiring the legislative audit division to audit the Alaska film production incentive program; providing for an effective date by repealing the effective dates of secs. 3 and 4, ch. 63, SLA 2008; and providing for an effective date." Representative Kerttula objected. The question being: "Shall the House rescind previous action in passing HCS CSSB 23(RLS) am H?" The roll was taken with the following result: HCS CSSB 23(RLS) am H Third Reading Rescind previous action in passing YEAS: 27 NAYS: 12 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Austerman, Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Hawker, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Neuman, Olson, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Nays: Cissna, Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Miller, Petersen, Tuck And so, the motion passed. HCS CSSB 23(RLS) am H was before the House in third reading. Representative Costello moved and asked unanimous consent that HCS CSSB 23(RLS) am H be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Costello, Chenault, Pruitt, T. Wilson, Seaton, Munoz, P. Wilson, Joule, Herron, Feige, Hawker, Saddler, Olson, Dick, Neuman, Edgmon, Johnson, Thompson, Austerman, Keller, Lynn, Foster, Fairclough, and Thomas: 2012-04-15 House Journal Page 2529 Page 1, line 1, following "credits;" (title amendment): Insert "exempting certain small businesses from the corporate income tax;" Page 6, following line 19: Insert new bill sections to read: "* Sec. 6. AS 43.20.012 is amended to read: Sec. 43.20.012. Limitation on application of chapter; credits. (a) The tax imposed by this chapter does not (1) apply to an individual; (2) apply to a fiduciary; or (3) for a tax year beginning after December 31, 2012, apply to an Alaska corporation that is a qualified small business and that meets the active business requirement in 26 U.S.C. 1202(e) as that subsection read on January 1, 2012 [APPLY TO INDIVIDUALS OR TO FIDUCIARIES]. (b) An [HOWEVER, AN] individual may file a return under this chapter in order to receive a tax credit under AS 43.20.013. * Sec. 7. AS 43.20.012 is amended by adding new subsections to read: (c) For the purposes of (a)(3) of this section, (1) whether a corporation qualifies under (a)(3) of this section shall be determined on the first day of the tax year for which the corporation claims it qualifies under (a)(3) of this section; (2) all corporations that are members of the same parent- subsidiary controlled group shall be treated as one corporation. (d) In this section, (1) "Alaska corporation" means a corporation that has been incorporated in the state or is authorized to do business in the state; (2) "parent-subsidiary controlled group" has the meaning given in 26 U.S.C. 1202 as that section read on January 1, 2012; (3) "qualified small business" has the meaning given in 26 U.S.C. 1202 as that section read on January 1, 2012, and does not include a construction, transportation, utility, or fisheries business. * Sec. 8. AS 43.20.012 is repealed and reenacted to read: Sec. 43.20.012. Limitation on application of chapter; credits. The tax imposed by this chapter does not apply to 2012-04-15 House Journal Page 2530 individuals or to fiduciaries. However, an individual may file a return under this chapter to receive a tax credit under AS 43.20.013." Renumber the following bill sections accordingly. Page 35, line 2: Delete "sec. 25" Insert "sec. 28" Page 35, line 5: Delete "sec. 23" Insert "sec. 26" Delete "secs. 28 and 29" Insert "secs. 31 and 32" Page 35, line 8: Delete "secs. 28 and 29" Insert "secs. 31 and 32" Page 35, line 9: Delete "sec. 25" Insert "sec. 28" Page 35, line 11: Delete "sec. 21" Insert "sec. 24" Page 35, lines 12 - 13: Delete "sec. 19" Insert "sec. 22" Page 35, line 14: Delete "sec. 28" Insert "sec. 31" Page 35, line 16: Delete "sec. 25" Insert "sec. 28" 2012-04-15 House Journal Page 2531 Page 35, line 17: Delete "sec. 28" Insert "sec. 31" Page 35, line 21: Delete "sec. 23" Insert "sec. 26" Page 35, line 23: Delete "sec. 25" Insert "sec. 28" Page 35, lines 29 - 30: Delete "secs. 1 and 19 - 24" Insert "secs. 1 and 20 - 30" Page 35, line 30: Delete "secs. 1 and 17 - 22" Insert "secs. 1 and 20 - 30" Page 36, line 2: Delete "Section 28" Insert "Section 31" Page 36, line 6: Delete "sec. 34" Insert "sec. 37" Page 36, line 7: Delete "Section 29" Insert "Section 32" Page 36, line 11: Delete "sec. 34" Insert "sec. 37" Page 36, line 12: Delete "Section 30" Insert "Section 33" 2012-04-15 House Journal Page 2532 Page 36, line 13: Delete "Sections 1 and 17 - 36" Insert "Sections 1 and 20 - 39" Page 36, following line 13: Insert new bill sections to read: "* Sec. 44. Sections 6 and 7 of this Act take effect July 1, 2012. * Sec. 45. Section 8 of this Act takes effect July 1, 2023." Renumber the following bill sections accordingly. Page 36, line 14: Delete "Sections 7 - 12, 15, and 16" Insert "Sections 10 - 15, 18, and 19" Page 36, line 15: Delete "secs. 37 - 41" Insert "secs. 40 - 46" Representative Costello moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted, and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 23(RLS) am H "An Act relating to taxes and tax credits; exempting certain small businesses from the corporate income tax; relating to oil and gas production taxes; relating to tax credits for oil and gas exploration; relating to tax credits and cost savings for liquefied natural gas storage and reducing costs to consumers; relating to an exemption from rental payments on state land for certain liquefied natural gas facilities; relating to transferable film production tax credits and film production tax credit certificates; relating to the taxes against which a film production tax credit may be applied; transferring the film office to the Department of Revenue and relating to that office; establishing the Alaska Film Incentive Review Commission; establishing a film production promotion program; relating to the amount of credit that may be awarded for compensation to producers, directors, writers, and actors who are 2012-04-15 House Journal Page 2533 not residents; providing for a fee to be paid at the time an application for eligibility for the film production tax credit is filed; providing a one-time credit for the first episodic scripted television production in the state; requiring the legislative audit division to audit the Alaska film production incentive program; providing for an effective date by repealing the effective dates of secs. 3 and 4, ch. 63, SLA 2008; and providing for an effective date." The question being: "Shall HCS CSSB 23(RLS) am H pass the House?" The roll was taken with the following result: HCS CSSB 23(RLS) am H Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Nays: Doogan, Neuman And so, HCS CSSB 23(RLS) am H passed the House. Representative Austerman 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 HCS CSSB 23(RLS) am H was waived (page 2480). It was signed by the Speaker and Chief Clerk and transmitted to the Senate with copies of certified amendments attached.