Legislature(2005 - 2006)

2006-06-04 House Journal

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2006-06-04                     House Journal                      Page 4133
SB 2001                                                                                           
The following, which was advanced to third reading from the June 3,                                 
2006, calendar (page 4124), was read the third time:                                                
                                                                                                    

2006-06-04                     House Journal                      Page 4134
    HOUSE CS FOR CS FOR SENATE BILL NO. 2001(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 Meyer moved and asked unanimous consent that he be                                   
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Meyer was required to vote.                                 
                                                                                                    
The Speaker stated that Representative Hawker previously declared a                                 
conflict of interest on this issue and would be required to vote.                                   
                                                                                                    
                                                                                                    
Representatives Joule and Chenault moved and asked unanimous                                        
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard.  The Speaker stated that all                            
members would be required to vote.                                                                  
                                                                                                    
**The presence of Representative Hawker was noted.                                                  
                                                                                                    
Representative Kelly moved and asked unanimous consent that HCS                                     
CSSB 2001(FIN) be returned to second reading for the specific                                       
purpose of considering Amendment No. 2.                                                             
                                                                                                    
The Speaker stated that, without objection, HCS CSSB 2001(FIN)                                      
would be returned to second reading for all amendments.                                             
                                                                                                    
Representative Hawker objected to taking up Amendment No. 2 first.                                  
                                                                                                    
Representative Kelly moved and asked unanimous consent to                                           
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Kelly, Berkowitz,                                    
Seaton, Gara, and Gardner:                                                                          
                                                                                                    

2006-06-04                     House Journal                      Page 4135
Page 3, line 9:                                                                                     
 Delete "20 percent"                                                                                
 Insert "23.5 percent"                                                                              
                                                                                                    
Page 3, line 30:                                                                                    
 Delete "20 percent"                                                                                
 Insert "23.5 percent"                                                                              
                                                                                                    
Representative Kelly moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
Representative Kelly placed a call of the House.                                                    
                                                                                                    
**The presence of Representative McGuire was noted.                                                 
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Samuels:                                                                                            
                                                                                                    
Delete "23.5"                                                                                       
Insert "21.75"                                                                                      
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment to Amendment No. 1 be                                         
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCS CSSB 2001(FIN)                                                                                  
Second Reading                                                                                      
Amendment to Amendment No. 1                                                                        
                                                                                                    
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Hawker, Joule, Kapsner, Kohring, Kott, Lynn,                                       
McGuire, Meyer, Olson, Rokeberg, Samuels, Weyhrauch, Wilson                                         
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Holm, Kelly, Kerttula, LeDoux, Moses, Neuman,                                   
Ramras, Salmon, Seaton, Stoltze, Thomas                                                             
                                                                                                    
And so, Amendment to Amendment No. 1 was not adopted.                                               
                                                                                                    

2006-06-04                     House Journal                      Page 4136
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 2001(FIN)                                                                                  
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  23   NAYS:  17   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                      
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm,                                  
Kelly, Kerttula, LeDoux, Moses, Neuman, Salmon, Seaton, Stoltze,                                    
Thomas                                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Foster, Hawker, Joule, Kapsner, Kohring,                                 
Kott, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Samuels,                                       
Weyhrauch, Wilson                                                                                   
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Kelly, Berkowitz,                                    
Seaton, Stoltze, Kerttula, and Gara:                                                                
                                                                                                    
Page 4, line 9:                                                                                     
 Delete ".175 percent"                                                                              
 Insert ".25 percent"                                                                               
                                                                                                    
Page 4, line 16:                                                                                    
 Delete "45"                                                                                        
 Insert "35"                                                                                        
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
the House adjourn sine die.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
The question being:  "Shall the House adjourn sine die?"  The roll was                              
taken with the following result:                                                                    
                                                                                                    
Adjourn sine die                                                                                    
                                                                                                    
YEAS:  6   NAYS:  34   EXCUSED:  0   ABSENT:  0                                                   

2006-06-04                     House Journal                      Page 4137
                                                                                                    
Yeas:  Anderson, Chenault, Kohring, Kott, Meyer, Weyhrauch                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                      
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, LeDoux, Lynn,                                        
McGuire, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon,                                            
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
Representative Kelly moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 2001(FIN) am H                                                                             
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  23   NAYS:  17   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kelly,                                
Kerttula, LeDoux, Moses, Neuman, Salmon, Seaton, Stoltze, Thomas                                    
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Foster, Gatto, Hawker, Kohring,                                 
Kott, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Samuels,                                       
Weyhrauch, Wilson                                                                                   
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
Amendment No. 3 was offered  by Representatives Kelly, Berkowitz,                                    
Seaton, Stoltze, and Gardner:                                                                       
                                                                                                    
Page 10, lines 13 - 16:                                                                             
    Delete all material and insert:                                                                 
     "(c)  A credit or portion of a credit under this section                                       
      (1)  may not be used to reduce a person's tax liability                                       
    under AS 43.55.011(e) for any month below                                                       

2006-06-04                     House Journal                      Page 4138
           (A)  four percent of the gross value at the point of                                     
         production for oil and gas produced in the area of the state                               
         lying north of 68 degrees North latitude for producers of over                             
         75,000 of oil equivalent a day; or                                                         
           (B)  zero for all regions and producers other than                                       
         those described in (A) of this paragraph; and                                              
      (2)  not used under (1) of this subsection may be applied                                     
    in a later month."                                                                              
                                                                                                    
Representative Kelly moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Kott objected.                                                                       
                                                                                                    
Amendment to Amendment No. 3 was offered  by Representative                                          
Kelly:                                                                                              
                                                                                                    
Following "75,000":                                                                                 
 Insert "barrels"                                                                                   
                                                                                                    
Representative Kelly moved and asked unanimous consent that                                         
Amendment to Amendment No. 3 be adopted.  There being no                                            
objection, Amendment to Amendment No. 3 was adopted.                                                
                                                                                                    
The question being:  "Shall Amendment No. 3 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCS CSSB 2001(FIN) am H                                                                             
Second Reading                                                                                      
Amendment No. 3 as amended                                                                          
                                                                                                    
YEAS:  23   NAYS:  17   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly,                                        
Kerttula, LeDoux, Lynn, McGuire, Moses, Neuman, Salmon, Seaton,                                     
Stoltze                                                                                             
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Foster, Gatto, Harris, Hawker,                                  
Kohring, Kott, Meyer, Olson, Ramras, Rokeberg, Samuels, Thomas,                                     
Weyhrauch, Wilson                                                                                   
                                                                                                    

2006-06-04                     House Journal                      Page 4139
Ramras changed from "Yea" to "Nay".                                                                 
                                                                                                    
And so, Amendment No. 3 as amended was adopted.                                                     
                                                                                                    
Amendment No. 4 was offered  by Representative Chenault:                                             
                                                                                                    
Page 37, line 10:                                                                                   
 Delete "of the subsection"                                                                         
 Insert "of this subsection"                                                                        
                                                                                                    
Representative Chenault moved and asked unanimous consent that                                      
Amendment No. 4 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Amendment No. 5 was offered  by Representatives Ramras and Gara:                                     
                                                                                                    
Page 9, line 1:                                                                                     
    Delete "A"                                                                                      
    Insert "Except as provided in (l) of this section, a"                                           
                                                                                                    
Page 12, line 29, following "section,":                                                             
    Insert "and except as provided in (l) of this section,"                                         
                                                                                                    
Page 14, following line 9:                                                                          
    Insert a new subsection to read:                                                                
         "(l)  A person engaged in the production of gas in the Point                               
    Thomson Unit may not take a credit under this section for a                                     
    qualified capital expenditure upstream from the point of                                        
    production of gas from the Point Thomson Unit for a gas                                         
    processing plant or a gas treatment facility."                                                  
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 14, line 10, following "section,":                                                             
    Insert                                                                                          
             "(1)  "Point Thomson Unit" means the land identified by                                
    the Department of Natural Resources as the "Point Thomson                                       
    Unit";                                                                                          
             (2)"                                                                                   
                                                                                                    

2006-06-04                     House Journal                      Page 4140
Page 14, line 13:                                                                                   
    Delete "(1)"                                                                                    
    Insert "(A)"                                                                                    
                                                                                                    
Page 14, line 14:                                                                                   
    Delete "(2)"                                                                                    
    Insert "(B)"                                                                                    
                                                                                                    
Page 14, line 17:                                                                                   
    Delete "(A)"                                                                                    
    Insert "(i)"                                                                                    
                                                                                                    
Page 14, line 19:                                                                                   
    Delete "(B)"                                                                                    
    Insert "(ii)"                                                                                   
                                                                                                    
Page 25, line 22, following "AS 38.05.132":                                                         
    Insert ";                                                                                       
             (19)  costs related to a gas processing plant or a gas                                 
    treatment facility upstream from the point of production of gas                                 
    from the Point Thomson Unit"                                                                    
                                                                                                    
Page 28, following line 10:                                                                         
    Insert a new paragraph to read:                                                                 
             "(3)  "Point Thomson Unit" means the land identified by                                
    the Department of Natural Resources as the "Point Thomson                                       
    Unit";"                                                                                         
                                                                                                    
Renumber the following paragraph accordingly.                                                       
                                                                                                    
Representative Ramras moved and asked unanimous consent that                                        
Amendment No. 5 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
Amendment to Amendment No. 5 was offered  by Representative                                          
Ramras:                                                                                             
                                                                                                    
Under Page 25, line 22, following "(19)":                                                           
 Insert "capital"                                                                                   
                                                                                                    

2006-06-04                     House Journal                      Page 4141
Representative Ramras moved and asked unanimous consent that                                        
Amendment to Amendment No. 5 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 5 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCS CSSB 2001(FIN) am H                                                                             
Second Reading                                                                                      
Amendment No. 5 as amended                                                                          
                                                                                                    
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kelly,                                      
Kerttula, LeDoux, Lynn, Ramras, Salmon, Thomas                                                      
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Foster, Gatto, Hawker, Holm,                                    
Kohring, Kott, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg,                                      
Samuels, Seaton, Stoltze, Weyhrauch, Wilson                                                         
                                                                                                    
And so, Amendment No. 5 as amended was not adopted.                                                 
                                                                                                    
HCS CSSB 2001(FIN) am H was automatically in third reading.                                         
                                                                                                    
The question being:  "Shall HCS CSSB 2001(FIN) am H pass the                                        
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 2001(FIN) am H                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Coghill, Dahlstrom, Elkins, Gara, Gardner, Gatto,                                 
Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, LeDoux,                                     
Lynn, McGuire, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon,                                      
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Nays:  Anderson, Chenault, Cissna, Crawford, Croft, Foster,                                         
Guttenberg, Kerttula, Kohring, Kott, Meyer, Weyhrauch                                               
                                                                                                    
And so, HCS CSSB 2001(FIN) am H passed the House.                                                   
                                                                                                    

2006-06-04                     House Journal                      Page 4142
Representative Coghill 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.                                
                                                                                                    
Representative Rokeberg gave notice of reconsideration of the vote on                               
HCS CSSB 2001(FIN) am H.