Legislature(2005 - 2006)

2006-08-05 House Journal

Full Journal pdf

2006-08-05                     House Journal                      Page 4292
HB 3001                                                                                           
The following, which was advanced to third reading from the August                                  
4, 2006, calendar (page 4283), was read the third time:                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 3001(FIN)                                                                
     "An Act relating to the production tax on oil and gas and to                                   
     conservation surcharges on oil; relating to criminal penalties for                             
     violating conditions governing access to and use of confidential                               
     information relating to the production tax; amending the definition                            
     of 'gas' as that definition applies in the Alaska Stranded Gas                                 
     Development Act; making conforming amendments; and                                             
     providing for an effective date."                                                              
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
CSHB 3001(FIN) be returned to second reading for the specific                                       
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
The Speaker stated that, without objection, CSHB 3001(FIN) would                                    
be returned to second reading for all amendments.                                                   
                                                                                                    
Amendment No. 1 was offered  by Representatives Kerttula, Gara, and                                  
Guttenberg:                                                                                         
                                                                                                    
Page 1, line 1, through Page 43, line 5 (title amendment):                                          
     Delete all material and insert:                                                                
""An Act relating to oil and gas, and to the oil and gas properties                               
production (severance) tax as it applies to oil; providing for an                                 
adjustment to increase the tax collected when oil prices exceed $20                               

2006-08-05                     House Journal                      Page 4293
per barrel and to reduce the tax collected when oil prices fall                                   
below $16 per barrel; providing for relief from the tax when the                                  
price per barrel is low or when the taxpayer demonstrates that a                                  
reduction in the tax is necessary to establish or reestablish                                     
production from an oil field or pool that would not otherwise be                                  
economically feasible; delaying until July 1, 2016, the deadline for                              
certain exploration expenditures that form the basis for a credit                                 
against the tax on oil and gas produced from a lease or property in                               
the state; relating to the conservation surcharge and additional                                  
conservation surcharge on oil; and providing for an effective                                     
date."                                                                                            
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                                                  
ALASKA:                                                                                           
   * Section 1. AS 36.30.850(b)(33) is amended to read:                                           
              (33)  contracts between the Department of Natural                                     
     Resources or the Department of Revenue, as appropriate, and                                
     contractors qualified to evaluate hydrocarbon development,                                     
     production, transportation, and economics, to assist the                                       
     commissioner of natural resources or the commissioner of                                   
     revenue, as appropriate, in evaluating applications for                                    
                  (A)  royalty increases or decreases or other royalty                          
         adjustments, and evaluating the related financial and technical                            
         data, entered into under AS 38.05.180(j); or                                           
               (B)  tax reductions, and evaluating the related                                  
         financial and technical data, as authorized by                                         
         AS 43.55.011(i) and (j);                                                               
   * Sec. 2. AS 43.55.011(a) is amended to read:                                                  
         (a)  There is levied upon the producer of oil a tax for all oil                            
     produced from each lease or property in the state, less any oil the                            
     ownership or right to which is exempt from taxation. The tax is                                
     equal to,                                                                                  
              (1)  in the case of North Slope oil, either the percentage-                       
     of-value amount calculated under (b)(1) [(b)] of this section or the                       
     cents-per-barrel amount calculated under (c)(1) [(c)] of this                              
     section, whichever is greater; if [, MULTIPLIED BY THE                                     
     ECONOMIC LIMIT FACTOR DETERMINED FOR THE OIL                                                   
     PRODUCTION OF THE LEASE OR PROPERTY UNDER AS                                                   
     43.55.013. IF] the amounts calculated under (b)(1) and (c)(1) [(b)                         
     AND (c)] of this section are equal, the amount calculated under                                
     (b)(1) [(b)] of this section shall be treated as if it were the greater                        

2006-08-05                     House Journal                      Page 4294
     for purposes of this section;                                                                  
          (2)  in the case of oil that is not North Slope oil, either                           
     the percentage-of-value amount calculated under (b)(2) of this                             
     section or the cents-per-barrel amount calculated under (c)(2)                             
     of this section, whichever is greater, multiplied by the                                   
     economic limit factor determined for the oil production of the                             
     lease or property under AS 43.55.013; if the amounts                                       
     calculated under (b)(2) and (c)(2) of this section are equal, the                          
     amount calculated under (b)(2) of this section shall be treated                            
     as if it were the greater for purposes of this section.                                    
   * Sec. 3. AS 43.55.011(b) is amended to read:                                                  
         (b)  The percentage-of-value amount equals,                                            
          (1)  in the case of North Slope oil, the tax rate set out                             
     in (e) of this section multiplied by the gross value at the point                          
     of production of taxable oil produced from the lease or                                    
     property;                                                                                  
              (2)  in the case of oil that is not North Slope oil, [12.25                       
     PERCENT OF THE GROSS VALUE AT THE POINT OF                                                     
     PRODUCTION OF TAXABLE OIL PRODUCED ON OR                                                       
     BEFORE JUNE 30, 1981, FROM THE LEASE OR PROPERTY                                               
     AND] 15 percent of the gross value at the point of production of                               
     taxable oil produced from the lease or property, [AFTER JUNE                                   
     30, 1981;] except that [FOR A LEASE OR PROPERTY                                                
     COMING INTO COMMERCIAL OIL PRODUCTION AFTER                                                    
     JUNE 30, 1981,] the percentage-of-value amount equals 12.25                                    
     percent of the gross value at the point of production of taxable oil                           
     produced from the lease or property in the first five years after the                          
     date that is the start of commercial oil production [AND                                   
     EQUALS 15 PERCENT OF THE GROSS VALUE AT THE                                                    
     POINT OF PRODUCTION OF TAXABLE OIL PRODUCED                                                    
     THEREAFTER FROM THE LEASE OR PROPERTY].                                                        
   * Sec. 4. AS 43.55.011(c) is amended to read:                                                  
         (c)  The cents-per-barrel amount equals,                                               
          (1)  in the case of North Slope oil, $0.80 per barrel for                             
     taxable crude oil produced from the lease or property, as                                  
     adjusted by AS 43.55.012, multiplied by the economic limit                                 
     factor determined for oil production of the lease or property                              
     under AS 43.55.013 and by the price adjustment factor set out                              
     in (e)(2)(D) of this section;                                                              
          (2)  in the case of oil that is not North Slope oil, [$0.60                           

2006-08-05                     House Journal                      Page 4295
     PER BARREL OF TAXABLE OLD CRUDE OIL PRODUCED                                                   
     FROM THE LEASE OR PROPERTY, AND] $0.80 per barrel for                                          
     [ALL OTHER] taxable crude oil produced from the lease or                                   
     property, [BOTH] as adjusted by AS 43.55.012.                                                  
   * Sec. 5. AS 43.55.011 is amended by adding new subsections to                                 
read:                                                                                               
         (e)  This subsection and (f) - (k) of this section apply only to                           
     North Slope oil. Except as provided in (h) of this section for heavy                           
     oil, the tax rate is the lesser of                                                             
              (1)  30 percent; or                                                                   
              (2)  the product of the volume adjusted tax rate multiplied                           
     by the price adjustment factor; for purposes of                                                
                  (A)  this paragraph, the volume adjusted tax rate is                              
         the greater of                                                                             
                   (i)  the applicable tax rate determined under (C)                                
              of this paragraph, except that, if during a month in which                            
              the average ANS West Coast price per barrel of oil is less                            
              than $12, the applicable tax rate is zero and the volume                              
              adjusted tax rate is determined only by the application of                            
              (ii) of this subparagraph; or                                                         
                   (ii)  the economic limit factor determined for the                               
              oil production of the lease or property under AS                                      
               43.55.013 multiplied by the nominal tax rate;                                       
                  (B)  subparagraph (A) of this paragraph, the nominal                              
         tax rate is                                                                                
                   (i)  12.25 percent during the first five years from                              
              the date that is the start of commercial oil production; and                          
                   (ii)  15 percent after the first five years from the                             
              date that is the start of commercial oil production;                                  
               (C)  sub-subparagraph (A)(i) of this paragraph,                                      
         during each month in which the average ANS West Coast                                      
         price per barrel of oil averages                                                           
                   (i)  at least $16, the applicable rate is five                                   
              percent;                                                                              
                   (ii)  at least $15, but less than $16, the applicable                            
              rate is four percent;                                                                 
                   (iii)  at least $14, but less than $15, the applicable                           
              rate is three percent;                                                                
                   (iv)  at least $13, but less than $14, the applicable                            
              rate is two percent; and                                                              

2006-08-05                     House Journal                      Page 4296
                   (v)  at least $12, but less than $13, the applicable                             
              rate is one percent; and                                                              
                  (D)  this paragraph and for the purpose of                                        
         determining the cents-per-barrel amount under (c)(1) of this                               
         section, the price adjustment factor is one, except that the                               
         price adjustment factor is the average ANS West Coast price                                
         per barrel of oil for the month divided by                                                 
                       (i)  16 during each month in which the average                               
              ANS West Coast price per barrel of oil is less than $16                               
              per barrel;                                                                           
                   (ii)  20 during each month in which the average                                  
              ANS West Coast price per barrel of oil is more than $20                               
              per barrel.                                                                           
         (f)  During a month in which the average ANS West Coast                                    
    price per barrel of oil is less than $10 per barrel, the payment of                            
              (1)  one-half of the tax due and payable under this chapter                           
     is waived; and                                                                                 
              (2)  the remaining one-half of the tax due and payable                                
     under this chapter is deferred, subject to the following:                                      
                  (A)  the amount of tax payment that is deferred under                             
         this paragraph is payable by the taxpayer                                                  
                   (i)  during each month in which the average ANS                                  
              West Coast price per barrel of oil is at least $16 per                                
              barrel; and                                                                           
                   (ii)  sequentially on a month-for-month basis in                                 
              the order in which the tax payment was deferred based on                              
              payment of one month's deferred tax during each month                                 
              that the average ANS West Coast price per barrel of oil is                            
              at least $16 per barrel; and                                                          
                  (B)  amounts due and payable because of a payment                                 
         deferral under this paragraph bear interest at the rate of a 10-                           
         year note of the United States treasury at the time of the                                 
         deferral.                                                                                  
         (g)  Before February 1 of each year, the commissioner shall                                
     review the prices described in (e) and (f) of this section and the                             
     related denominators set out in (e)(2)(D)(i) and (ii) of this section                          
     and recommend to the legislature whether the prices and                                        
     denominators should be adjusted.                                                               
         (h)  Notwithstanding (e) of this section, the tax rate for heavy                           
     oil is the volume adjusted tax rate provided in this subsection. The                           

2006-08-05                     House Journal                      Page 4297
     volume adjusted tax rate for heavy oil is determined by                                        
     multiplying the economic limit factor determined for the oil                                   
     production of the lease or property under AS 43.55.013 by the tax                              
     rate set out in (e)(2)(A)(i) and (ii) of this section. In this                                 
     subsection, "heavy oil" means oil equal to or less than 20 degrees                             
     API gravity.                                                                                   
         (i)  A producer of North Slope oil may apply for a reduction                               
     of the tax due under (e), (j), and (k) of this section on the                                  
     production of North Slope oil                                                                  
              (1)  if and to the extent that the amount calculated under                            
     (A) of this paragraph is greater than the amount calculated under                              
     (B) of this paragraph, but a reduction of the tax may not result in                            
     collection of tax due under this section that is less than the amount                          
     calculated under (B) of this paragraph:                                                        
                  (A)  the amount of tax on the production of the oil                               
         that results from applying the provisions of (e) of this section;                          
                  (B)  the amount of tax on the production of the oil                               
         that would result from applying the provisions of (a)(2) and                               
         (b)(2) of this section as if the oil were not North Slope oil; and                         
              (2)  if the commissioner in consultation with the                                     
     commission of natural resources determines that the application                                
     meets the requirements of AS 38.05.180(j)(1)(A), (j)(1)(B), or                                 
     (j)(1)(C).                                                                                     
         (j)  When the commissioner receives an application under (i)                               
     of this section, the commissioner                                                              
              (1)  may not approve a tax reduction                                                  
                  (A)  unless the applicant makes a clear and                                       
         convincing showing that the tax reduction meets the                                        
         requirements of (i) of this section and this subsection and is in                          
         the best interests of the state;                                                           
               (B)  that reduces the amount of the tax recovered to                                 
         less than the amount determined under (i)(1)(B) of this                                    
         section;                                                                                   
               (C)  without including an explicit condition that the                                
         tax reduction is not assignable without the prior written                                  
         approval, which may not be unreasonably withheld, of the                                   
         commissioner; in the preliminary and final findings and                                    
         determinations prepared under this subsection, the                                         
         commissioner shall set out the conditions under which the tax                              
         reduction may be assigned;                                                                 

2006-08-05                     House Journal                      Page 4298
              (2)  shall require the applicant to submit financial and                              
     technical data that demonstrate that the requirements of (i) of this                           
     section and this subsection are met; the commissioner                                          
                  (A)  may require disclosure of only the financial and                             
         technical data related to development, production, and                                     
         transportation of oil and gas or gas only from the field or pool                           
         that are reasonably available to the applicant; and                                        
                  (B)  shall, at the request of the applicant, keep                                 
         confidential under AS 38.05.035(a)(9) and AS 43.05.230 the                                 
         dates described in (A) of this paragraph; the confidential data                            
         may be disclosed by the commissioner to legislators and to                                 
         the legislative auditor and, if authorized by the chair or vice-                           
         chair of the Legislative Budget and Audit Committee, to the                                
         director of the division of legislative finance, the permanent                             
         employees of their respective divisions who are responsible                                
         for evaluating a tax reduction, and to agents or contractors of                            
         the legislative auditor or the legislative finance director who                            
         are engaged under contract to evaluate the tax reduction if                                
           each signs an appropriate confidentiality agreement;                                    
              (3)  may require the applicant for the tax reduction under                            
     (i) of this section and this subsection to pay for the services of an                          
     independent contractor, selected by the applicant from a list of                               
     qualified consultants compiled by the commissioner, to evaluate                                
     hydrocarbon development, production, transportation, and                                       
     economics and to assist the commissioner in evaluating the                                     
     application and financial and technical data; if, under this                                   
     paragraph, the commissioner requires payment for the services of                               
     an independent contractor, the total cost of the services to be paid                           
     for by the applicant may not exceed $150,000 for each                                          
     application, and the commissioner shall determine the relevant                                 
     scope of the work to be performed by the contractor; selection of                              
     an independent contractor under this paragraph is not subject to                               
     AS 36.30;                                                                                      
              (4)  shall make and publish a preliminary findings and                                
     determination on the tax reduction application, give reasonable                                
     public notice of the preliminary findings and determination, and                               
     invite public comment on the preliminary findings and                                          
     determination during a 30-day period for receipt of public                                     
     comment;                                                                                       
              (5)  shall offer to appear before the Legislative Budget                              

2006-08-05                     House Journal                      Page 4299
     and Audit Committee, on a day that is not earlier than 10 days and                             
     not later than 20 days after giving public notice under (4) of this                            
     subsection, to provide the committee a review of the                                           
     commissioner's preliminary findings and determination on the tax                               
     reduction application and administrative process; if the Legislative                           
     Budget and Audit Committee accepts the commissioner's offer,                                   
     the committee shall give notice of the committee's meeting to all                              
     members of the legislature;                                                                    
              (6)  shall make copies of the preliminary findings and                                
     determination available to                                                                     
                  (A)  the presiding officer of each house of the                                   
         legislature;                                                                               
                  (B)  the chairs of the legislature's standing                                     
         committees on resources; and                                                               
                  (C)  the chairs of the legislature's special committees                           
         on oil and gas, if any; and                                                                
              (7)  shall, within 30 days after the close of the public                              
     comment period under (4) of this subsection,                                                   
                  (A)  prepare a summary of the public response to the                              
          commissioner's preliminary findings and determination;                                   
                  (B)  make a final findings and determination; the                                 
         commissioner's final findings and determination prepared                                   
         under this subparagraph regarding a tax reduction is final and                             
         not appealable to the court;                                                               
                  (C)  transmit a copy of the final findings and                                    
         determination to the lessee; and                                                           
                  (D)  make copies of the final findings and                                        
         determination available to each person who submitted                                       
         comment under (4) of this subsection and who has filed a                                   
         request for the copies.                                                                    
         (k)  In this section, "North Slope oil" means oil produced                                 
     from a portion of a reservoir located north of 68 degrees North                                
     latitude.                                                                                      
   * Sec. 6. AS 43.55.012(b) is amended to read:                                                  
         (b)  The cents-per-barrel amount set out in AS 43.55.011(c)(1)                         
     and (2) [AS 43.55.011(c)] applies to oil of 27 degrees API                                 
     gravity. For each degree of API gravity less than 27 degrees, the                              
     cents-per-barrel amount shall be reduced by $.005 and for each                                 
     degree of API gravity greater than 27 degrees the cents-per-barrel                             
     amount shall be increased by $.005 except that oil above 40                                    

2006-08-05                     House Journal                      Page 4300
     degrees API gravity shall be taxed as 40 degree oil. In applying                               
     the gravity adjustment under this subsection, fractional degrees of                            
     API gravity shall be disregarded.                                                              
   * Sec. 7. AS 43.55.025(b) is amended to read:                                                  
         (b)  To qualify for the production tax credit under (a) of this                            
     section, an exploration expenditure must be incurred for work                                  
     performed on or after July 1, 2003, and before July 1, 2016                                
     [2007], except that an exploration expenditure for a Cook Inlet                                
     prospect must be incurred for work performed on or after July 1,                               
     2005, [AND BEFORE JULY 1, 2010, AND EXCEPT THAT AN                                             
     EXPLORATION EXPENDITURE, IN WHOLE OR IN PART,                                                  
     SOUTH OF 68 DEGREES, 15 MINUTES, NORTH LATITUDE,                                               
     AND NOT PART OF A COOK INLET PROSPECT MUST BE                                                  
     INCURRED FOR WORK PERFORMED ON OR AFTER JULY                                                   
     1, 2003, AND BEFORE JULY 1, 2010,] and                                                         
              (1)  may be for seismic or geophysical exploration costs                              
     not connected with a specific well;                                                            
              (2)  if for an exploration well,                                                      
                  (A)  must be incurred by an explorer that holds an                                
         interest in the exploration well for which the production tax                              
         credit is claimed;                                                                         
                  (B)  may be for either an oil or gas discovery well or                            
         a dry hole; and                                                                            
                  (C)  must be for goods, services, or rentals of                                   
         personal property reasonably required for the surface                                      
         preparation, drilling, casing, cementing, and logging of an                                
         exploration well, and, in the case of a dry hole, for the                                  
         expenses required for abandonment if the well is abandoned                                 
           within 18 months after the date the well was spudded;                                   
              (3)  may not be for testing, stimulation, or completion                               
     costs; administration, supervision, engineering, or lease operating                            
     costs; geological or management costs; community relations or                                  
     environmental costs; bonuses, taxes, or other payments to                                      
     governments related to the well; or other costs that are generally                             
     recognized as indirect costs or financing costs; and                                           
              (4)  may not be incurred for an exploration well or                                   
     seismic exploration that is included in a plan of exploration or a                             
     plan of development for any unit on May 13, 2003.                                              
   * Sec. 8. AS 43.55.201(a) is amended to read:                                                  
         (a)  Every producer of oil shall pay a surcharge of $.01 [$.02]                        

2006-08-05                     House Journal                      Page 4301
     per barrel of oil produced from each lease or property in the state,                           
     less any oil the ownership or right to which is exempt from                                    
     taxation.                                                                                      
   * Sec. 9. AS 43.55.201(b) is amended to read:                                                  
         (b)  The surcharge imposed by (a) of this section is in addition                           
     to the tax imposed by AS 43.55.011 and is due on the last day of                               
     the month on oil produced from each lease or property during the                               
     preceding month. The surcharge [SHALL BE PAID IN THE                                           
     SAME MANNER AS THE TAX IMPOSED BY AS 43.55.011 -                                               
     43.55.150; AND] is in addition to the surcharge imposed by AS                                  
     43.55.300 - 43.55.310.                                                                         
   * Sec. 10. AS 43.55.201 is amended by adding a new subsection to                             
read:                                                                                               
         (d)  Oil not considered under AS 43.55.020(e) to be produced                               
     from a lease or property is not considered to be produced from a                               
     lease or property for purposes of this section.                                                
   * Sec. 11. AS 43.55.221(d) is amended to read:                                                 
         (d)  If the commissioner of administration reports that the sum                            
     reported under (b) of this section equals or exceeds $71,000,000                           
     as adjusted under AS 43.55.225 [$50,000,000], the                                          
     commissioner of revenue shall suspend imposition and collection                                
     of the surcharge levied and collected under AS 43.55.201.                                      
     Suspension of the imposition and collection of the surcharge                                   
     begins on the first day of the calendar quarter next following the                             
     commissioner's receipt of the commissioner of administration's                                 
     report under (b) of this section. Before the first day of a                                    
     suspension authorized by this subsection, the commissioner shall                               
     make a reasonable effort to notify all persons who are known to                                
     the department to be paying the surcharge under AS 43.55.201                                   
     that the surcharge will be suspended.                                                          
   * Sec. 12. AS 43.55.221(e) is amended to read:                                                 
         (e)  Except as provided in AS 43.55.231, if the commissioner                               
     of administration reports that the sum reported under (b) of this                              
     section is less than $71,000,000 as adjusted under AS 43.55.225                            
     [$50,000,000], the commissioner of revenue shall require                                       
     imposition and collection of the surcharge authorized under AS                                 
     43.55.201. If the surcharge is not in effect, reimposition of the                              
     surcharge begins on the first day of the calendar quarter next                                 
     following the commissioner's receipt of the commissioner of                                    
     administration's report under (b) of this section. Before the first                            

2006-08-05                     House Journal                      Page 4302
     day of reimposition of the surcharge authorized by this subsection,                            
     the commissioner shall make a reasonable effort to notify all                                  
     persons who are known to the department to be required to pay the                              
     surcharge under AS 43.55.201 that the surcharge will be                                        
     reimposed.                                                                                     
   * Sec. 13. AS 43.55 is amended by adding a new section to read:                                
         Sec. 43.55.225. Adjustment of dollar amounts. (a) The                                    
     dollar amounts in AS 43.55.221(d) and (e) change, as provided in                               
     this section, according to and to the extent of changes in the                                 
     Consumer Price Index for all urban consumers for the Anchorage                                 
     metropolitan area compiled by the Bureau of Labor Statistics,                                  
     United States Department of Labor (the index). The index for                                   
     January 2006 is the reference base index.                                                      
         (b)  The dollar amounts change on October 1 of each year                                   
     according to the percentage change between the index for January                               
     of that year and the most recent index used to determine whether                               
     to change the dollar amounts. After calculation of the new                                     
     amounts, the resulting amounts shall be rounded to the nearest                                 
     cent.                                                                                          
         (c)  If the index is revised, the percentage of change is                                  
     calculated on the basis of the revised index. If a revision of the                             
     index changes the reference base index, a revised reference base                               
     index is determined by multiplying the reference base index                                    
     applicable by the rebasing factor furnished by the Bureau of Labor                             
     Statistics, United States Department of Labor. If the index is                                 
     superseded, the index referred to in this section is the one                                   
     represented by the Bureau of Labor Statistics as reflecting most                               
     accurately changes in the purchasing power of the dollar for                                   
     Alaska consumers.                                                                              
         (d)  The department shall adopt a regulation announcing,                                   
              (1)  on or before June 30 of each year, the changes in                                
     dollar amounts required by (b) of this section; and                                            
              (2)  promptly after the changes occur, changes in the                                 
     index required by (c) of this section, including, if applicable, the                           
     numerical equivalent of the reference base index under a revised                               
     reference base index and the designation or title of any index                                 
     superseding the index.                                                                         
   * Sec. 14. AS 43.55.300(a) is amended to read:                                                 
         (a)  Every producer of oil shall pay a surcharge of $.05 [$.03]                        
     per barrel of oil produced from each lease or property in the state,                           

2006-08-05                     House Journal                      Page 4303
     less any oil the ownership or right to which is exempt from                                    
     taxation.                                                                                      
   * Sec. 15. AS 43.55.300(b) is amended to read:                                                 
         (b)  The surcharge imposed by (a) of this section is in addition                           
     to the tax imposed by AS 43.55.011 and is due on the last day of                               
     the month on oil produced from each lease or property during the                               
     preceding month. The surcharge [SHALL BE PAID IN THE                                           
     SAME MANNER AS THE TAX IMPOSED BY AS 43.55.011 -                                               
     43.55.150; AND] is in addition to the surcharge imposed by                                     
     AS 43.55.201 - 43.55.231.                                                                      
   * Sec. 16. AS 43.55.300 is amended by adding a new subsection to                               
read:                                                                                               
         (d)  Oil not considered under AS 43.55.020(e) to be produced                               
     from a lease or property is not considered to be produced from a                               
     lease or property for purposes of this section.                                                
   * Sec. 17. The uncodified law of the State of Alaska is amended by                             
adding a new section to read:                                                                       
     RETROACTIVITY. Sections 2 - 10 and 14 - 16 of this Act are                                     
retroactive to January 1, 2006, and apply to oil produced after                                     
December 31, 2005.                                                                                  
   * Sec. 18. This Act takes effect immediately under                                             
AS 01.10.070(c)."                                                                                   
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
Representatives Meyer, Hawker, and Chenault moved and asked                                         
unanimous consent that they be allowed to abstain from voting                                       
because of a conflict of interest.  Objection was heard, and the                                    
members were required to vote.                                                                      
                                                                                                    
**The presence of Representative Kapsner was noted.                                                 
                                                                                                    
Representative Coghill rose to a point of order regarding impugning                                 
the motives of members of the body.                                                                 
                                                                                                    

2006-08-05                     House Journal                      Page 4304
The Speaker cautioned members to confine remarks to the                                             
amendment.                                                                                          
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 3001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  27   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Salmon                                                        
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                           
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels,                                           
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 1 was not adopted.