Legislature(2007 - 2008)

2007-10-18 House Journal

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2007-10-18                     House Journal                      Page 1543
                                                                                                                                
                                HOUSE JOURNAL                                                                                
                                                                                                                                
                          ALASKA STATE LEGISLATURE                                                                           
                                                                                                                                
                          TWENTY-FIFTH LEGISLATURE                                                                           
                                                                                                                                
                           SECOND SPECIAL SESSION                                                                            
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Thursday                October 18, 2007                                                    
                                                                                                                                
                                  First Day                                                                                
                                                                                                                                
                                                                                                                                
The House was called to order by Speaker Harris at 8:40 p.m.                                                                    
                                                                                                                                
Roll call showed 37 members present.  Representative Hawker had                                                                 
been excused from a call of the House today.                                                                                    
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following members be excused from a call of the House.  There being                                                             
no objection, the members were excused as noted:                                                                                
                                                                                                                                
Representative Gruenberg - from today to afternoon plane time,                                                                  
October 19                                                                                                                      
                                                                                                                                
Representative Johansen - from today to evening plane time,                                                                     
October 27                                                                                                                      
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Sue Bahleda of                                                               
Resurrection Lutheran Church.  Representative Dahlstrom moved and                                                               
asked unanimous consent that the invocation be spread on the journal.                                                           
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
       With respect to the diversity of voices, beliefs, and practices                                                         
        that call out to a presence and a power beyond themselves, I                                                           
     offer the following prayer:                                                                                                
                                                                                                                                
     Great and Mighty One, bless the public servants in the                                                                     
     government of this state, that they may do the work before                                                                 
     them in a spirit of wisdom, charity, and justice.  Sustain them                                                            

2007-10-18                     House Journal                      Page 1544
     in times of joy and in times of sorrow, in times of conflict and                                                           
     in times of peace.  Give them eyes to see and ears to hear;                                                                
     direct their hearts and minds to the needs of all the peoples                                                              
     they represent.  Help them use their authority to serve                                                                    
     faithfully and to promote our common life.  Amen.                                                                          
                                                                                                                                
          (Adapted from Evangelical Lutheran Worship, Leader's Desk                                                            
     Edition, 2006)                                                                                                             
                                                                                                                                
The Pledge of Allegiance was led by Representative Gara.                                                                        
                                                                                                                                
                                                                                                                                
                        CERTIFICATION OF THE JOURNAL                                                                         
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
journal for the first legislative day of the First Special Session and the                                                      
Final Supplement of the First Session and First Special Session be                                                              
approved as certified by the Chief Clerk.  There being no objection, it                                                         
was so ordered.                                                                                                                 
                                                                                                                                
                                  * * * * *                                                                                  
                                                                                                                                
Representative Samuels introduced Sheridan Johnston, Guest Page,                                                                
from Hancock, New Hampshire.                                                                                                    
                                                                                                                                
Representative Doll introduced Paige Pahlke and Mary Erickson,                                                                  
Guest Pages, from Juneau.                                                                                                       
                                                                                                                                
                                                                                                                                
                         MESSAGES FROM THE GOVERNOR                                                                          
                                                                                                                                
The following Governor's proclamation, dated September 4, 2007, was                                                             
read:                                                                                                                           
                                                                                                                                
"Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                                                   
Constitution, and in the public interest, I call the Twenty-Fifth                                                               
Legislature of the State of Alaska into its second special session at                                                           
Juneau, Alaska in the legislative chambers on October 18, 2007 at                                                               
2:00 p.m. to consider the following subjects:                                                                                   
                                                                                                                                

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     1. relating to oil and gas production taxes and conservation                                                               
         surcharges on oil and making related amendments;                                                                       
                                                                                                                                
     2. making statutory changes to place certain positions for                                                                 
         auditing oil and gas tax and royalty matters in the exempt                                                             
         service of the State Personnel Act;                                                                                    
                                                                                                                                
     3. authorizing the public disclosure of certain taxpayer                                                                   
            information relating to oil and gas production taxes;                                                              
                                                                                                                                
     4. relating to the sharing between state agencies of certain oil                                                           
         and gas tax and royalty information.                                                                                   
                                                                                                                                
         Dated at Anchorage, Alaska this 4th day of September, 2007.                                                            
                                                                                                                                
                                 /s/                                                                                            
                                 Sarah Palin                                                                                   
                                  Governor"                                                                                    
                                                                                                                                
The Speaker stated that the House would stand at ease for a meeting of                                                          
the Committee on Committees; and so, the House stood at ease at                                                                 
8:52 p.m.                                                                                                                       
                                                                                                                                
                                AFTER AT EASE                                                                                
                                                                                                                                
The Speaker called the House back to order at 9:07 p.m.                                                                         
                                                                                                                                
                        REPORTS OF SPECIAL COMMITTEES                                                                        
                                                                                                                                
The following report of the Committee on Committees, dated October                                                              
18, 2007, was received submitting an amendment to the January 16,                                                               
2007, report on page 9 (other reports are on pages 93, 186, and 1154):                                                          
                                                                                                                                
Health, Education & Social Services Committee:  Keller replaces                                                                 
Neuman                                                                                                                          
                                                                                                                                
Resources Committee:  Fairclough replaces Kohring                                                                               
                                                                                                                                
Transportation Committee:  Keller replaces Kohring                                                                              
                                                                                                                                

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HR 1                                                                                                                          
House Special Committee on Economic Development, Trade, &                                                                       
Tourism:  Keller replaces Kohring                                                                                               
                                                                                                                                
HR 4                                                                                                                          
House Special Committee on Oil & Gas:  Neuman replaces Kohring                                                                  
                                                                                                                                
The report was signed by Representative Harris, Chair; and                                                                      
Representatives Coghill, Samuels, Chenault, Meyer, Kerttula, and                                                                
Guttenberg.                                                                                                                     
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adopt the Committee on Committees report.  There being no                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                
                 INTRODUCTION, FIRST READING, AND REFERENCE                                                                  
                            OF HOUSE RESOLUTIONS                                                                             
                                                                                                                                
HCR 201                                                                                                                       
HOUSE CONCURRENT RESOLUTION NO. 201 by Representative                                                                           
Roses:                                                                                                                          
                                                                                                                                
     Proposing an amendment to the Uniform Rules of the Alaska State                                                            
     Legislature relating to standing committees.                                                                               
                                                                                                                                
was read the first time.                                                                                                        
                                                                                                                                
The Rules Committee submitted the following fiscal note:                                                                        
                                                                                                                                
1.  Zero, House Rules Committee                                                                                                 
                                                                                                                                
                 INTRODUCTION, FIRST READING, AND REFERENCE                                                                  
                               OF HOUSE BILLS                                                                                
                                                                                                                                
HB 2001                                                                                                                       
HOUSE BILL NO. 2001 by the House Rules Committee by request of                                                                  
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to the production tax on oil and gas and to                                                               
     conservation surcharges on oil; relating to the issuance of advisory                                                       
     bulletins and the disclosure of certain information relating to the                                                        

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     production tax and the sharing between agencies of certain                                                                 
     information relating to the production tax and to oil and gas or gas                                                       
     only leases; amending the State Personnel Act to place in the                                                              
     exempt service certain state oil and gas auditors and their                                                                
     immediate supervisors; establishing an oil and gas tax credit fund                                                         
     and authorizing payment from that fund; providing for retroactive                                                          
     application of certain statutory and regulatory provisions relating                                                        
     to the production tax on oil and gas and conservation surcharges                                                           
     on oil; making conforming amendments; and providing for an                                                                 
     effective date."                                                                                                           
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Oil & Gas and the Resources and Finance Committees.                                                                             
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Fiscal, Dept. of Natural Resources                                                                                          
3.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
The Governor's transmittal letter dated October 17, 2007, follows:                                                              
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18 of the Alaska Constitution, I am                                                       
transmitting a bill to make Alaska's oil and gas production tax system                                                          
one that is clear and equitable.  This legislation would provide the                                                            
necessary tools to protect the state's interests as it moves forward with                                                       
the industry on a mutually beneficial basis in the exploration and                                                              
development of Alaska's oil and gas resources.                                                                                  
                                                                                                                                
The bill would amend the current production tax on oil and gas under                                                            
AS 43.55 and would amend other statutes to aid in the administration                                                            
and enforcement of the production tax.  It accomplishes six primary                                                             
goals: (1) requires more complete reporting of tax-related information                                                          
by producers, explorers, and operators; (2) establishes rules for the                                                           
sharing of confidential information between state agencies; (3) ensures                                                         
the public disclosure of important production tax information;                                                                  
(4) provides various tools to help the Department of Revenue                                                                    
(department) administer the tax; (5) institutes clear fiscal terms for                                                          

2007-10-18                     House Journal                      Page 1548
explorers and producers; and (6) establishes an oil and gas tax credit                                                          
fund to ensure our incentive programs function effectively.                                                                     
                                                                                                                                
To accomplish the first goal, the bill specifies extensive annual                                                               
reporting requirements for producers and explorers and makes clear                                                              
that the department also has authority to require monthly reporting of                                                          
tax information.  The information would provide the department's                                                                
production tax auditors the tools necessary to conduct thorough and                                                             
accurate production tax audits and would help the department better                                                             
monitor costs that may be claimed as deductions or used to obtain tax                                                           
credits.  In addition, the bill would authorize the department to require                                                       
reporting of forward-looking information, such as producers' budgets                                                            
for future expenditures.  The department needs this kind of                                                                     
information for accurate revenue forecasting.  The bill would provide                                                           
for penalties of up to $1,000 per day for failure to file certain required                                                      
reports, in addition to other remedies under current law.                                                                       
                                                                                                                                
The second goal is accomplished by clearly providing for the                                                                    
Department of Revenue and the Department of Natural Resources to                                                                
share extensive producer and explorer information, while maintaining                                                            
the confidentiality afforded under current law.  This information                                                               
sharing would improve administration of both agencies' programs and                                                             
increase efficiency, since the two agencies often have similar data                                                             
needs under their respective tax and royalty programs.                                                                          
                                                                                                                                
To fulfill the third goal, the bill would make clear that the department                                                        
may publish production tax information aggregated among at least                                                                
three taxpayers.  This would include information on taxes paid, values                                                          
of oil and gas produced, capital expenditures and other costs, tax                                                              
credits, and more.  Publishing such information would give the public                                                           
confidence that Alaska is receiving its equitable share of our natural                                                          
resource value.                                                                                                                 
                                                                                                                                
As one means of achieving the fourth goal, the bill would provide for                                                           
placing petroleum revenue auditors into the exempt service.  This                                                               
would help the state retain and attract the necessary expertise by                                                              
giving the departments flexibility in setting salaries that compete with                                                        
similar positions in the private sector.  Petroleum revenue auditors                                                            
currently employed with the state would have the option to remain                                                               
with their union or to be moved into the exempt service.                                                                        

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Another tool is an extension of the statute of limitations for oil and gas                                                      
production taxes.  The bill would increase the time allowable for the                                                           
department to conduct audits and assess tax deficiencies from three to                                                          
six years.  This change would give the department's oil and gas                                                                 
production tax auditors more time to conduct accurate and thorough                                                              
audits and to make sure that producers are paying the correct amount                                                            
of tax under the law.                                                                                                           
                                                                                                                                
The fifth goal requires a means to clearly establish how we value oil                                                           
produced in Alaska and then how we will share that value with those                                                             
who find, drill, and develop these nonrenewable resources.  The bill                                                            
requires the department to spell out in regulation which costs may be                                                           
deducted against the tax.  It would also expand the list of cost                                                                
categories that are not allowed to be deducted.                                                                                 
                                                                                                                                
One disallowed category consists of costs for repair, replacement, or                                                           
deferred maintenance of facilities or equipment, including pipelines,                                                           
associated with an unscheduled interruption of or reduction in the rate                                                         
of oil or gas production or with an oil spill or other unpermitted                                                              
release of a hazardous substance.  The bill contains a limited                                                                  
exception, for example, for natural catastrophes beyond the producer's                                                          
control.  Another disallowed category consists of costs to build or                                                             
operate a refinery or crude oil topping plant.  In addition, the current                                                        
partial disallowance for dismantlement, removal, or abandonment                                                                 
costs is expanded to be a complete exclusion.                                                                                   
                                                                                                                                
                                                                                                                                
When it comes to sharing the value of the resource, the bill puts the                                                           
state's share at 25 percent of the value after appropriate costs have                                                           
been deducted.  As prices, and profitability, rise, so does the state's                                                         
share of the value.  Once the net value of a barrel reaches $30.00 on an                                                        
annual basis, the state's share increases by 0.2 percent for every dollar                                                       
increase above that trigger.  The bill would ensure a certain amount of                                                         
state production tax revenues by setting a floor on the tax paid by                                                             
certain highly productive fields.  This floor is 10 percent of the gross                                                        
value of the oil and gas produced from those fields.                                                                            
                                                                                                                                
The sixth, and final, goal of the bill is to ensure the effectiveness of                                                        
our credit incentive programs.  The bill would establish an oil and gas                                                         
tax credit fund that is financed with a percentage of oil and gas                                                               

2007-10-18                     House Journal                      Page 1550
production tax receipts.  The bill would give the department the ability                                                        
to expend these funds in order to purchase credits from explorers and                                                           
small producers.  The intent of the incentive credit program is to                                                              
attract new companies and new investment to our state in the pursuit                                                            
of oil and gas resources.  While we have succeeded in attracting new                                                            
entrants, these companies have run into problems finding purchasers                                                             
for the credits accumulated from their investments.  If they cannot                                                             
monetize these valuable credits, the purpose of the program is                                                                  
defeated.                                                                                                                       
                                                                                                                                
With these changes, our state will have the necessary tools to protect                                                          
Alaska's interests when it comes to appropriately valuing oil and gas                                                           
production in this state.  Alaska's share of the costs of investment                                                            
would fall to 45 percent, while increasing our share of the net revenues                                                        
to 48 percent.  We would be able to tell the public, with confidence,                                                           
that we are getting a fair share of the value derived from these non-                                                           
renewable resources.                                                                                                            
                                                                                                                                
I urge your prompt and favorable action on this legislation.                                                                    
                                                                                                                                
                                 Sincerely,                                                                                    
                                 /s/                                                                                            
                                 Sarah Palin                                                                                   
                                  Governor"                                                                                    
                                                                                                                                
                             UNFINISHED BUSINESS                                                                             
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following members be excused from a call of the House.  There being                                                             
no objection, the members were excused as noted:                                                                                
                                                                                                                                
Representative Crawford - from 8:00 a.m., November 1 to 8:00 a.m.,                                                              
November 13                                                                                                                     
                                                                                                                                
Representative Foster - from noon to midnight, each Monday,                                                                     
Wednesday, and Friday for the duration of the Second Special Session                                                            
                                                                                                                                
Representative Joule - from 7:00 a.m., October 24 to evening plane                                                              
time, October 27                                                                                                                
                                                                                                                                

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Representative Kawasaki - from 7:00 a.m., October 29 to morning                                                                 
plane time, November 5                                                                                                          
                                                                                                                                
Representative LeDoux - from noon, October 19 to evening plane                                                                  
time, October 21                                                                                                                
                                                                                                                                
Representative Salmon - from 6:00 a.m., October 22 to evening plane                                                             
time, October 28                                                                                                                
                                                                                                                                
Representative Samuels - from 8:00 a.m., November 16 to midnight,                                                               
December 8                                                                                                                      
                                                                                                                                
                                ANNOUNCEMENTS                                                                                
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
                                 ADJOURNMENT                                                                                 
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 10:00 a.m., October 19, 2007, for a technical                                                               
session.  There being no objection, the House adjourned at 9:32 p.m.                                                            
                                                                                                                                
                                               Suzi Lowell                                                                      
                                               Chief Clerk