HB 397 - TAXING POWER OF SECOND CLASS CITIES CHAIRMAN OLBERG brought forth SSHB 397 and announced that this sponsor substitute had been read across the floor on February 2, 1994, since the last time this bill had been before the committee. REPRESENTATIVE DAVIES moved that the original bill be brought before the committee as a committee substitute because "in the original bill, there is a requirement for a public vote and I would support the bill if that remained in there." CHAIRMAN OLBERG objected. REPRESENTATIVE WILLIS said, "I concur with Representative Davies' conclusion. I do support the motion before us...to allow the people a chance to vote on it. We're talking about second class cities. As the years go by, the differences between the first and second class cities are beginning to narrow. There's very few differences...and I think one of the strong points for a lot of people that voted to have municipalities implemented, one of the strong reasons they vote for it, is the fact they still feel they have control over the taxation process. And that is by a vote of the people." Number 328 The role was taken on Representative Davies' motion to adopt the original bill as the committee substitute in lieu of the sponsor substitute. Representatives Toohey, Davies, Willis voted yes on the motion. Representatives Bunde, Sanders, Williams, Olberg voted no on the motion. Then Representative Toohey changed her vote. The sponsor substitute remained the bill before the committee. REPRESENTATIVE DAVIES said, "I would just note that this is not a requirement under cities right now, but it is a requirement at this point in time for boroughs...a new sales tax, use tax or increase in the rate of levy of sales tax does not take effect unless ratified by the majority of voters. So this principle does apply in general to boroughs, but apparently not in cities." REPRESENTATIVE BUNDE moved that the sponsor substitute for HB 397 be moved from committee with individual recommendations. REPRESENTATIVE DAVIES objected to the motion. A role call was taken. Representatives Williams, Sanders, Toohey, Bunde and Olberg voted yes. Representatives Willis and Davies voted no. The motion passed. CHAIRMAN OLBERG adjourned the meeting at 2:19 p.m.