Legislature(1997 - 1998)
04/28/1997 05:15 PM House RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE RULES STANDING COMMITTEE
April 28, 1997
5:15 p.m.
MEMBERS PRESENT
Representative Pete Kott, Chairman
Representative Gail Phillips
Representative Irene Nicholia
Representative Al Vezey
Representative Brian Porter
Representative Bill Williams
Representative Kim Elton
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 63
"An Act extending the motor fuel tax exemption for fuel sold for
use in jet propulsion aircraft to fuel used in those aircraft for
flights that continue from a foreign country; and providing for an
effective date."
- HEARD AND HELD
PREVIOUS ACTION
BILL: HB 63
SHORT TITLE: MOTOR FUEL TAX EXEMPTION
SPONSOR(S): REPRESENTATIVES(S) THERRIAULT, Davies, Kelly, Brice,
Kubina
Jrn-Date Jrn-Page Action
01/13/97 48 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 48 (H) TRANSPORTATION, FINANCE
01/22/97 126 (H) COSPONSOR(S): DAVIES
02/12/97 (H) TRA AT 1:00 PM CAPITOL 17
02/12/97 (H) MINUTE(TRA)
02/12/97 325 (H) COSPONSOR(S): KELLY
02/17/97 (H) TRA AT 1:00 PM CAPITOL 17
02/17/97 (H) MINUTE(TRA)
02/18/97 388 (H) COSPONSOR(S): BRICE
02/24/97 (H) TRA AT 1:00 PM CAPITOL 17
02/24/97 (H) MINUTE(TRA)
02/26/97 (H) MINUTE(TRA)
02/27/97 504 (H) TRA RPT CS(TRA) NT 4DP 2NR
02/27/97 504 (H) DP: ELTON, KOOKESH, SANDERS, WILLIAMS
02/27/97 504 (H) NR: COWDERY, MASEK
02/27/97 504 (H) FISCAL NOTE (REV)
03/11/97 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/12/97 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/12/97 (H) MINUTE(FIN)
03/20/97 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/02/97 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/02/97 (H) MINUTE(FIN)
04/04/97 986 (H) FIN RPT CS(FIN) NT 4DP 3NR 1AM
04/04/97 986 (H) DP: THERRIAULT, DAVIES, FOSTER, KELLY
04/04/97 986 (H) NR: HANLEY, MARTIN, DAVIS; AM: KOHRING
04/04/97 986 (H) FISCAL NOTE (REV)
04/22/97 (H) RLS AT 5:00 PM CAPITOL 120
04/22/97 (H) MINUTE(RLS)
04/23/97 1287 (H) RLS RPT CS(RLS) NT 2DP 4NR
04/23/97 1287 (H) DP: PHILLIPS, PORTER
04/23/97 1287 (H) NR: KOTT, WILLIAMS, NICHOLIA, ELTON
04/23/97 1287 (H) FISCAL NOTE (REV) 4/4/97
04/28/97 (H) RLS AT 5:00 PM CAPITOL 120
WITNESS REGISTER
NANCY KELLY, Administrative Assistant
to Representative Gene Therriault
Alaska State Legislature
Capitol Building, Room 511
Juneau, Alaska 99801
Telephone: (907) 465-4797
POSITION STATEMENT: Presented amendments to HB 63.
ACTION NARRATIVE
TAPE 97-13, SIDE A
Number 001
CHAIRMAN PETE KOTT called the House Rules Standing Committee to
order at 5:15 p.m. Members present at the call to order were
Representatives Elton, Porter, Phillips, Nicholia and Kott.
Representatives Vezey and Williams arrived at 5:20 p.m.
HB 63 - MOTOR FUEL TAX EXEMPTION
Number 0025
CHAIRMAN KOTT announced the committee would address HB 63, "An Act
extending the motor fuel tax exemption for fuel sold for use in jet
propulsion aircraft to fuel used in those aircraft for flights that
continue from a foreign country; and providing for an effective
date." He asked for a motion to rescind the action of moving out
of committee HB 63(RLS), Version R.
Number 0070
REPRESENTATIVE GAIL PHILLIPS moved that the Rules Committee
reconsider action in passing out HB 63(RLS), so that the committee
may bring the bill back before the members.
CHAIRMAN KOTT said, "For a clearer motion, I suspect that still
leaves a rescinding motion available."
Number 0096
REPRESENTATIVE KIM ELTON objected to Representative Phillips'
motion. He asked for a description of why the bill needs to be
back before the committee.
REPRESENTATIVE PHILLIPS indicated there is a need for another
amendment.
CHAIRMAN KOTT informed the committee that the amendment is
contained in Version T of HB 63. He noted he understands there is
also another amendment that will be introduced.
REPRESENTATIVE PHILLIPS pointed out that the committee can't do
anything until the bill is before the committee.
Number 0140
REPRESENTATIVE ELTON removed his objection.
CHAIRMAN KOTT said there is a motion to reconsider the action of
the committee on CSHB 63(RLS). He asked if there was an objection.
Hearing none, CSHB 63(RLS), as amended, Version R, was before the
committee.
Number 0201
REPRESENTATIVE BRIAN PORTER asked if there needs to be a motion to
adopt Version R.
CHAIRMAN KOTT indicated the committee had already adopted Version
R which was the version that was moved from the committee. He said
Version R is now again before the committee.
REPRESENTATIVE PORTER asked if there is a need to adopt Version T.
CHAIRMAN KOTT said, "I think we'll withhold that motion pending the
sponsor's staff introduction of a new amendment that may be
relevant to Version R."
Number 0237
NANCY KELLY, Administrative Assistant to Representative Gene
Therriault, Alaska State Legislature, came before the committee.
CHAIRMAN KOTT asked Ms. Kelly if she has copies of the proposed
amendment.
MS. KELLY responded in the affirmative and gave the committee
members a copy.
Number 0245
CHAIRMAN KOTT called for an at-ease at 5:18 p.m. The meeting was
called back to order at 5:22 p.m.
REPRESENTATIVE PHILLIPS suggested that staff review the proposed
amendment to make sure everything is in order. She suggested not
taking action.
Number 0303
CHAIRMAN KOTT asked Ms. Kelly to explain the amendment.
MS. KELLY explained the amendment was an earlier amendment dated
4/22/97, Version P.8. She said some of the language of the
amendment was rewritten. The amendment is similar to Version P.8,
except for a couple of changes. She said Section 2(A) was slightly
changed. Ms. Kelly said, "Section (A)2, (3) are the same. Section
(B) is almost the same except for one change. In Section (C), we
added `a resident worker', where it states `resident.' Everything
else basically is the same all the way down through line 16 on page
3 of that amendment - P.8 except for a slight change in wording on
line 17 of our amendment. We also deleted the last section, page
3, lines 17 through 22, due to constitutionality. We had received
a partial opinion from Jack Chenoweth, the drafter, as far as the
constitutionality of some of the terms in that amendment, dated
4/22. He is working on a complete one for us addressing all the
issues in it. I do have copies of that if you'd like to have that.
And so that's why we redrafted some of the wording to make it
doable. Mr. Chenoweth stated to Representative Therriault this
morning that the deletion on the nonseverability clause is
applicable because -- and the Representative was concerned about an
outside firm being able to come in and -- it would allow an outside
firm to come in and sue and win on a case against a local firm.
Mr. Chenoweth agrees with that idea which is why we deleted that
nonseverability issue. Representative Therriault is, of course,
all for local hire. He just wanted to insert some language that
would be usable for the refineries to the original amendment.
Hopefully, he'll explain it to you."
Number 0580
REPRESENTATIVE PORTER referred to page 2, lines 12 and 13...
MS. KELLY interjected that the entire amendment was for Version R,
as they have not received a copy of Version T.
REPRESENTATIVE PORTER said, "Section 2 of the amendment just
obliterated that whole section, but now you're amending it, so
something is wrong." He pointed out that if it starts on page 2,
line 6, you would have eliminated Section 2 of Version T. He said
you can't eliminate it then amend it.
MS. KELLY said she was initially addressing Version R as she hasn't
seen Version T.
REPRESENTATIVE PORTER apologized and noted he was referring to
Version R.
Number 0677
REPRESENTATIVE ELTON said Section 2 of Version R would become the
new Section 3.
MS. KELLY added that it would have to be renumbered.
Number 0721
REPRESENTATIVE ELTON agreed with Representative Phillips in that
the committee needs time to review the amendment. He said, "I
think both this amendment to Version R and the new Version of T are
trying to accomplish the same thing and I think there are a couple
of places in which the wording is a little bit different."
Representative Elton said he needs time to decide which version is
best.
Number 0722
REPRESENTATIVE BILL WILLIAMS said Mr. Chenoweth drafted both
versions of the bill and suggested that he explain the bills.
Number 0812
CHAIRMAN KOTT said it is his intent to hold the bill over until the
following day. He asked the committee to put Version T aside and
work with Version R. He noted staff would try and fit in Amendment
P.10 into Version R.
REPRESENTATIVE PORTER said he would like to understand what the
amendment does that is before the committee.
Number 0885
MS. KELLY said it specifically addresses the issue of local hire.
It sets up some provisions for a refiner, if a refiner chooses to
expand...
REPRESENTATIVE PORTER said he would like the explanation when the
committee meets again on the bill.
MS. KELLY indicated she would provide the explanation at the next
hearing on the bill. She said if the committee prefers, the
amendment could be rolled into a proposed committee substitute.
CHAIRMAN KOTT said the committee would work on that once it is
determined that there are similarities between the original
version, the amendment and committee substitute.
CHAIRMAN KOTT indicated HB 63 would be held until the following
day.
ADJOURNMENT
Number 0971
CHAIRMAN KOTT recessed the House Rules Standing Committee meeting
at approximately 5:17 p.m.
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