Legislature(2023 - 2024)
2024-05-14 House Journal
Full Journal pdf2024-05-14 House Journal Page 3179 SB 179 The following, which was moved to the bottom of the calendar (page 3154), was read the second time: CS FOR SENATE BILL NO. 179(CRA) "An Act prohibiting municipalities from levying a tax on the transfer of real property; prohibiting the state from levying a tax on the transfer of real property; and relating to municipal taxation of mobile telecommunications services." with the: Journal Page CRA RPT HCS(CRA) 1DP 1DNP 5NR 2451 FN1: ZERO(REV) 2451 FN2: ZERO(CED) 2451 RLS RPT HCS(RLS) NEW TITLE 7DP 3145 FN1: ZERO(REV) 3145 FN3: ZERO(CED) 3145 Representative Saddler 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. 179(RLS) "An Act relating to municipal property tax; relating to assessment of property, boards of equalization, and certification of assessors; prohibiting municipalities from levying a tax on the transfer of 2024-05-14 House Journal Page 3180 real property; prohibiting the state from levying a tax on the transfer of real property; relating to municipal taxation of mobile telecommunications services; and providing for an effective date." (HCR 24 – Title change resolution) Representative Eastman objected. The question being: "Shall HCS CSSB 179(RLS) be adopted?" The roll was taken with the following result: CSSB 179(CRA) Second Reading Adopt Rules HCS YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman Absent: Edgmon, Fields And so, HCS CSSB 179(RLS) was adopted. Amendment No. 1 was offered by Representatives Gray and Sumner: Page 3, line 17: Delete "a new subsection" Insert "new subsections" Page 3, following line 24: Insert a new subsection to read: "(aa) A municipality may by ordinance exempt from taxation all or part of a mobile home park for up to 10 years after the mobile home park is constructed or renovated." 2024-05-14 House Journal Page 3181 Representative Gray moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Coulombe objected. Amendment No. 1 to Amendment No. 1 was offered by Representative Eastman: Page 1, line 8: Delete "mobile home park" Insert "property" Delete "mobile home park" Insert "property" Representative Eastman moved and asked unanimous consent that Amendment No. 1 to Amendment No. 1 be adopted. Representative Gray objected. The question being: "Shall Amendment No. 1 to Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 179(RLS) Second Reading Amendment No. 1 to Amendment No. 1 YEAS: 16 NAYS: 22 EXCUSED: 0 ABSENT: 2 Yeas: Allard, Carpenter, Cronk, Eastman, C.Johnson, McCabe, McKay, Prax, Rauscher, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Wright Nays: Armstrong, Baker, Carrick, Coulombe, Dibert, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, D.Johnson, Josephson, McCormick, Mears, Mina, Ortiz, Ruffridge, Schrage, Story, Stutes Absent: Edgmon, Vance And so, Amendment No. 1 to Amendment No. 1 was not adopted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2024-05-14 House Journal Page 3182 HCS CSSB 179(RLS) Second Reading Amendment No. 1 YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Armstrong, Carrick, Dibert, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, Josephson, McCormick, Mears, Mina, Ortiz, Prax, Saddler, Schrage, Story, Stutes, Sumner, Vance, Wright Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, D.Johnson, McCabe, McKay, Rauscher, Ruffridge, Shaw, Stapp, Tilton, Tomaszewski Absent: Edgmon And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Gray and Sumner: Page 3, following line 24: Insert a new bill section to read: "* Sec. 7. AS 29.45.050, as amended by sec. 6 of this Act, is amended by adding a new subsection to read: (aa) A municipality may by ordinance approved by the voters exempt or partially exempt from taxation, for a designated period, a structure that contains a rental unit that was converted from use as a short-term rental unit to exclusive use as a long-term rental unit. In this subsection, (1) "long-term rental unit" means a room or rooms located within a building that are occupied or intended to be occupied by not more than one household as living accommodations independent from any other household that is offered for overnight occupancy in exchange for a fee for periods of not less than 90 consecutive days; and (2) "short-term rental unit" means a room or rooms located within a building that are occupied or intended to be occupied by not more than one household as living accommodations independent from any other household that is offered for overnight occupancy in exchange for a fee for periods of 30 consecutive days or less, and does not include a (A) hotel, motel, or bed and breakfast; 2024-05-14 House Journal Page 3183 (B) commercially operated hunting or wilderness camp; or (C) a unit operated by a government entity or charitable organization that provides temporary housing to individuals or family members of individuals who are being treated for trauma, injury, or disease." Renumber the following bill sections accordingly. Page 8, line 12: Delete "sec. 19" Insert "sec. 20" Page 8, line 13: Delete "sec. 21" Insert "sec. 22" Page 8, line 15, following "date": Insert "of secs. 20 and 22" Page 8, line 20: Delete "secs. 12 - 17" Insert "secs. 13 - 18" Page 8, line 22: Delete "Sections 12, 13, and 15 - 17" Insert "Sections 7, 13, 14, and 16 - 18" Page 8, line 23: Delete "Section 14" Insert "Section 15" Page 8, line 24: Delete "Sections 3 - 11 and 25" Insert "Sections 3 - 6, 8 - 12, and 26" Representative Gray moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Stapp objected. 2024-05-14 House Journal Page 3184 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 179(RLS) am H Second Reading Amendment No. 2 YEAS: 19 NAYS: 20 EXCUSED: 0 ABSENT: 1 Yeas: Armstrong, Carrick, Dibert, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Prax, Schrage, Story, Stutes, Sumner Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, Foster, C.Johnson, D.Johnson, McCabe, McKay, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Tilton, Tomaszewski, Vance, Wright Absent: Edgmon And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: Page 8, lines 10 - 15: Delete all material. Renumber the following bill sections accordingly. Page 8, line 24: Delete "25" Insert "24" Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative McCabe objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 179(RLS) am H Second Reading Amendment No. 3 2024-05-14 House Journal Page 3185 YEAS: 1 NAYS: 38 EXCUSED: 0 ABSENT: 1 Yeas: Eastman Nays: Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Absent: Armstrong And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative McCabe: Page 1, line 3, following "property;" (title amendment): Insert "relating to borough and city sales and use taxes on specie; relating to specie as legal tender in the state;" Page 7, lines 15 - 16: Delete "(f), (h), (i), [AND] (j), (k), and (l) of" Insert "[(f), (h), (i), AND (j) OF]" Page 7, line 21: Delete "a new subsection" Insert "new subsections" Page 7, following line 24: Insert a new subsection to read: "(m) A borough may not levy or collect a sales or use tax on the sale or exchange of specie. In this subsection, "specie" has the meaning given in AS 44.12.400(d)." Page 7, line 28: Delete "(d), [AND] (e), (g), and (h) of" Insert "[(d) AND (e) OF]" Page 7, line 31: Delete "a new subsection" Insert "new subsections" 2024-05-14 House Journal Page 3186 Page 8, following line 3: Insert a new subsection to read: "(i) A city may not levy or collect a sales or use tax on the sale or exchange of specie. In this subsection, "specie" has the meaning given in AS 44.12.400(d)." Page 8, following line 7: Insert a new bill section to read: "* Sec. 23. AS 44.12 is amended by adding a new section to read: Article 5. Legal Tender. Sec. 44.12.400. Legal tender. (a) To the fullest extent allowed by art. I, sec. 10, clause 1, of the Constitution of the United States, legal tender in the state includes specie issued by (1) the federal government at any time if the federal government considers the specie legal tender; (2) a foreign government if, at the time of a sale or exchange, the foreign government considers the specie legal tender and the foreign government is (A) recognized by the United States Department of State as being the legitimate government of a country whose existence is recognized by the United States and has not been designated as a foreign adversary under federal law or regulation; (B) a subnational unit of a government described in (A) of this paragraph that is authorized by the laws of that government to issue its own currency; or (C) an international currency union made up exclusively of countries described in (A) of this paragraph; or (3) the state government if (A) a court of competent jurisdiction, by final and unappealable order, ruled the specie to be within state authority to designate as legal tender; and (B) the state government considers the specie legal tender. (b) A person is not required to accept gold or silver specie as tender. (c) The Legislative Budget and Audit Committee shall study the possibility of establishing additional forms of legal tender for the payment of debts, including public charges, taxes, and other money owed to the state. If the committee determines that 2024-05-14 House Journal Page 3187 additional forms of tender are practical and beneficial, the committee shall prepare legislation establishing an additional form of legal tender for introduction. (d) In this section, (1) "legal tender" means a recognized medium of exchange for the payment of debts; (2) "specie" means gold or silver valued primarily based on its metal content and in the form of (A) coin; or (B) bullion that is stamped or imprinted with its weight and purity." Renumber the following bill sections accordingly. Page 8, line 15, following "of": Insert "secs. 19 and 21" Page 8, line 24: Delete "25" Insert "26" Representative McCabe moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Fields objected. Amendment No. 1 to Amendment No. 4 was offered by Representative Fields: Page 1, line 17 of the amendment, following AS 44.12.400(d): Insert "The state shall reimburse a borough for foregone revenue under this section." Page 2, line 7 of the amendment, following AS 44.12.400(d): Insert "The state shall reimburse a city for foregone revenue under this section." Representative Fields moved and asked unanimous consent that Amendment No. 1 to Amendment No. 4 be adopted. Representative McCabe objected. 2024-05-14 House Journal Page 3188 The question being: "Shall Amendment No. 1 to Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 179(RLS) am H Second Reading Amendment No. 1 to Amendment No. 4 YEAS: 17 NAYS: 22 EXCUSED: 0 ABSENT: 1 Yeas: Armstrong, Carrick, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Stutes, Tilton, Tomaszewski, Vance, Wright Absent: Sumner And so, Amendment No. 1 to Amendment No. 4 was not adopted. SB 179 The following was before the House with Amendment No. 4 moved and pending (page 3185): HOUSE CS FOR CS FOR SENATE BILL NO. 179(RLS) am H "An Act relating to municipal property tax; relating to assessment of property, boards of equalization, and certification of assessors; prohibiting municipalities from levying a tax on the transfer of real property; prohibiting the state from levying a tax on the transfer of real property; relating to municipal taxation of mobile telecommunications services; and providing for an effective date." 2024-05-14 House Journal Page 3189 Representative McCabe moved and asked unanimous consent to withdraw Amendment No. 4. There being no objection, it was so ordered. Amendment Nos. 5 and 6 were not offered. Representative Saddler moved and asked unanimous consent that HCS CSSB 179(RLS) am H be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard and withdrawn. There being no further objection, it was so ordered. Representative D. Johnson placed a call of the House on the Daily Calendar The call was satisfied. Representative Saddler moved and asked unanimous consent to withdraw the motion to advance to third reading on the same day. There was objection. The question being: "Shall the motion to advance to third reading on the same day be withdrawn?" The roll was taken with the following result: HCS CSSB 179(RLS) am H Second Reading Advance to Third Reading on the Same Day Withdraw YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, Edgmon, Fields, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Dibert, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story, Stutes 2024-05-14 House Journal Page 3190 And so, the motion passed. Representative McCabe moved and asked unanimous consent to rescind previous action in adopting Amendment No. 1. There was objection. The question being: "Shall the House rescind previous action in adopting Amendment No. 1?" The roll was taken with the following result: HCS CSSB 179(RLS) am H Second Reading Rescind Previous Action in Adopting Amendment No. 1 YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Dibert, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story, Stutes, Sumner And so, the motion passed. Representative Ruffridge called the previous question. There was objection. Representative Ruffridge moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 179(RLS) Second Reading Amendment No. 1 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 2024-05-14 House Journal Page 3191 Yeas: Armstrong, Carrick, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 1 was not adopted. Representative Saddler moved and asked unanimous consent that HCS CSSB 179(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. The question being: "Shall HCS CSSB 179(RLS) be advanced to third reading on the same day?" The roll was taken with the following result: HCS CSSB 179(RLS) Second Reading Advance to Third Reading on the Same Day YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman And so, the motion passed. HCS CSSB 179(RLS) was read the third time. The question being: "Shall HCS CSSB 179(RLS) pass the House?" The roll was taken with the following result: 2024-05-14 House Journal Page 3192 HCS CSSB 179(RLS) Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman And so, HCS CSSB 179(RLS) passed the House. Representative Saddler 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 179(RLS) was referred to the Chief Clerk for engrossment.