Legislature(2011 - 2012)
2012-04-15 House Journal
Full Journal pdf2012-04-15 House Journal Page 2483 SB 104 The following was read the second time: CS FOR SENATE BILL NO. 104(JUD) "An Act relating to manufactured homes, including manufactured homes permanently affixed to land, to the conversion of manufactured homes to real property, to the severance of manufactured homes from real property, to the titling, conveyance, and encumbrance of manufactured homes, and to manufacturers' certificates of origin for vehicles; and providing for an effective date." with the: Journal Page L&C RPT 3DP 3NR 2208 FN2: ZERO(ADM) 2208 STA RPT 4DP 1NR 2304 FN2: ZERO(ADM) 2305 RLS RPT HCS(RLS) NT 6DP 2467 FN2: ZERO(ADM) 2468 Representative Austerman moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 104(RLS) "An Act relating to manufactured homes, including manufactured homes permanently affixed to land, to the conversion of manufactured homes to real property, to the severance of manufactured homes from real property, to the titling, conveyance, and encumbrance of manufactured homes, and to manufacturers' certificates of origin for vehicles; allowing a deferral of municipal property taxes on the increase in the value of real property attributable to subdivision of that property; and providing for an effective date." 2012-04-15 House Journal Page 2484 (HCR 38 - title change resolution) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gardner and Holmes: Page 1, line 5, following "vehicles;" (title amendment): Insert "relating to an exemption from municipal taxation for certain residences owned by a religious organization;" Page 13, following line 14: Insert new bill sections to read: "* Sec. 22. AS 29.45.030(b) is amended to read: (b) In (a) of this section, "property used exclusively for religious purposes" includes the following property owned by a religious organization: (1) the residence of [AN EDUCATOR IN A PRIVATE RELIGIOUS OR PAROCHIAL SCHOOL OR] a bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious organization; for purposes of this paragraph, "minister" means an individual who is (A) ordained, commissioned, or licensed as a minister according to standards of the religious organization for its ministers; and (B) employed by the religious organization to carry out a ministry of that religious organization; (2) a structure, its furniture, and its fixtures used solely for public worship, charitable purposes, religious administrative offices, religious education, or a nonprofit hospital; (3) lots required by local ordinance for parking near a structure defined in (2) of this subsection. * Sec. 23. AS 29.45.050 is amended by adding a new subsection to read: (t) A municipality may by ordinance approved by the voters partially or wholly exempt from taxation the residence of an educator in a private religious or parochial school. Only one exemption under this subsection may be granted for the same property. Real property may not be exempted under this subsection if the assessor determines, after providing notice to and hearing from the parties, that the property was conveyed to the 2012-04-15 House Journal Page 2485 applicant primarily for the purpose of obtaining the exemption. The determination of the assessor may be appealed under AS 44.62.560 and 44.62.570." Renumber the following bill sections accordingly. Page 22, following line 15: Insert a new bill section to read: "* Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to read: TRANSITION. Persons receiving an exemption under AS 29.45.030(a) for the residence of an educator in a private religious or parochial school on the effective date of this Act may not receive an exemption under AS 29.45.050(t), enacted by sec. 23 of this Act, unless municipal voters approve an ordinance granting the exemption." Renumber the following bill sections accordingly. Page 22, line 26: Delete "Section 30" Insert "Section 32" Page 22, line 27: Delete "Sections 22 and 32" Insert "Sections 22 - 24, 33, and 35" Page 22, line 28: Delete "secs. 33 and 34" Insert "secs. 36 and 37" Representative Gardner moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative Gardner placed a call of the House. The Speaker stated the call was satisfied. 2012-04-15 House Journal Page 2486 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 104(RLS) Second Reading Amendment No. 1 YEAS: 11 NAYS: 28 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Austerman, Cissna, Doogan, Gara, Gardner, Guttenberg, Holmes, Kawasaki, Kerttula, Miller, Tuck Nays: Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Gruenberg, Hawker, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Cissna changed from "Nay" to "Yea". And so, Amendment No. 1 was not adopted. Representative Austerman moved and asked unanimous consent that HCS CSSB 104(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 104(RLS) was read the third time. The question being: "Shall HCS CSSB 104(RLS) pass the House?" The roll was taken with the following result: HCS CSSB 104(RLS) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 1 VACANT: 1 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, P.Wilson, T.Wilson 2012-04-15 House Journal Page 2487 Absent: Thomas And so, HCS CSSB 104(RLS) 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. HCS CSSB 104(RLS) was referred to the Chief Clerk for engrossment.