Legislature(2007 - 2008)

2007-10-18 Senate Journal

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2007-10-18                     Senate Journal                      Page 1419
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                            SECOND SPECIAL SESSION                                                                           
                                                                                                                                
Juneau, Alaska                    Thursday                 October 18, 2007                                                   
                                                                                                                                
                                  First Day                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to the September 4 Proclamation of the Governor calling for                                                            
the convening of the Second Special Session of the Twenty-fifth                                                                 
Legislature, the Senate was called to order by President Green at                                                               
8:05 p.m.                                                                                                                       
                                                                                                                                
The roll showed nineteen members present. Senator Cowdery was                                                                   
excused from a call of the Senate.                                                                                              
                                                                                                                                
The prayer was offered by the Chaplain, Senator Olson. Senator                                                                  
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          Dear Lord Jesus,                                                                                                      
                                                                                                                                
          As we gather here together on this eve of Alaska                                                                      
          Day, we pray and thank you for this opportunity that                                                                  
          we have to be in this United States of America.                                                                       
                                                                                                                                
          Watch over us now as we look into the issues of the                                                                   
          special session. We pray that wisdom will prevail and                                                                 
          the spirit of cooperation will dwell within us. We                                                                    
          pray for your special anointing, Lord, tonight.                                                                       
                                                                                                                                
          Lord, we thank you for the Summer - the safety for                                                                    
          most. Also watch over our families: those that aren't                                                                 
          here and those that want to be.                                                                                       
                                                                                                                                
      In your precious name,                                      Amen.                                                        
                                                                                                                                
Senator Davis led the Senate in the Pledge of Allegiance.                                                                       

2007-10-18                     Senate Journal                      Page 1420
                                Certification                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the journals                                                             
for the first day of the First Special Session and the Final Supplement                                                         
for the First Session and the First Special Session be approved as                                                              
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                      Introduction of Senate Floor Staff                                                                     
                                                                                                                                
Senator Elton introduced the Senate floor staff for the Second Special                                                          
Session:                                                                                                                        
                                                                                                                                
Molly George, Assistant Sergeant at Arms                                                                                        
Jessica Smith, Senate Page                                                                                                      
Katie Smith, Senate Page                                                                                                        
Elisabeth Wertheimer, Senate Page                                                                                               
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
                            Executive Proclamation                                                                             
                                                                                                                                
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:                                                                                   
                                                                                                                                
     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.                                                                                  
                                                                                                                                

2007-10-18                     Senate Journal                      Page 1421
Dated at Anchorage, Alaska this 4th day of September, 2007.                                                                     
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 2001                                                                                                                       
SENATE BILL NO. 2001 BY THE SENATE 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 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 Resources, Judiciary and                                                            
Finance Committees.                                                                                                             
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, Department of Revenue                                                                                       
 Fiscal Note No. 2, Department of Natural Resources                                                                             
     Fiscal Note No. 3, zero, Department of Administration                                                                      
                                                                                                                                
Governor's transmittal letter dated October 17:                                                                                 
                                                                                                                                
Dear President Green:                                                                                                           
                                                                                                                                
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                                                            

2007-10-18                     Senate Journal                      Page 1422
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                                                          
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.                                                                          
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-10-18                     Senate Journal                      Page 1423
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.                                                                        
                                                                                                                                
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.                                                                                   

2007-10-18                     Senate Journal                      Page 1424
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                                                               
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                                                                                                                        
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-10-18                     Senate Journal                      Page 1425
                             Unfinished Business                                                                             
                                                                                                                                
HB 87                                                                                                                         
President Green made the following appointments:                                                                                
                                                                                                                                
Citizens' Advisory Commission on Federal Areas                                                                                
 Senator Huggins                                                                                                                
 Rod Arno                                                                                                                       
 Rick Halford                                                                                                                   
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 9:30 a.m., October 22, 2007. Without                                                                 
objection, the Senate adjourned at 8:15 p.m.                                                                                    
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2007-10-18                     Senate Journal                      Page 1426
                                Announcements                                                                                
                                                                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
                                                                                                                                
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                                                                                                                                
                         COMMUNITY & REGIONAL AFFAIRS                                                                        
                                                                                                                                
Oct 23        Tuesday                               Beltz 211         3:30 PM                                                 
              -- Meeting Postponed --                                                                                           
+ SB 161 COASTAL MANAGEMENT PROGRAM                                                                                             
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Oct 19        Friday                          Butrovich 205           9:00 AM                                                 
+ SB2001 OIL & GAS TAX AMENDMENTS                                                                                               
              Sponsor Presentation:                                                                                             
              Governor's Production Tax Team                                                                                    
              Information, Tools & Clearer Rules                                                                                
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Oct 20        Saturday                        Butrovich 205           8:00 AM                                                 
+= SB2001 OIL & GAS TAX AMENDMENTS                                                                                              
              Sponsor Presentation:                                                                                             
              Governor's Production Tax Team                                                                                    
              Alaska's Global Competitiveness                                                                                   
              Under ACES                                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-10-18                     Senate Journal                      Page 1427
                            RESOURCES (continued)                                                                            
                                                                                                                                
Oct 21        Sunday                     House Finance 519            1:00 PM                                                 
              -- Time and Location Change --                                                                                    
              Joint with House Oil and Gas Committee                                                                            
+= SB2001 OIL & GAS TAX AMENDMENTS                                                                                              
              Sponsor Presentation:                                                                                             
              Governor's Production Tax Team                                                                                    
              ACES Preserves Investment Climate &                                                                               
              Sectional Analysis                                                                                                
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Oct 22        Monday                          Butrovich 205         10:00 AM                                                  
+= SB2001 OIL & GAS TAX AMENDMENTS                                                                                              
              Legislative Advisors/Consultants                                                                                  
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Oct 23        Tuesday                         Butrovich 205           9:00 AM                                                 
+= SB2001 OIL & GAS TAX AMENDMENTS                                                                                              
              Industry and Associations                                                                                         
              -- Testimony <Invitation Only> --                                                                                 
              Public Testimony at 6:15 - Time limit                                                                             
              may be set                                                                                                        
                                                                                                                                
Oct 24        Wednesday                       Butrovich 205           9:00 AM                                                 
+= SB2001 OIL & GAS TAX AMENDMENTS                                                                                              
              Industry Major Producers                                                                                          
              ExxonMobil, BP, ConocoPhillips                                                                                    
              -- Testimony <Invitation Only> --                                                                                 
              Public Testimony at 6:15 - Time limit                                                                             
              may be set                                                                                                        
                                                                                                                                
Oct 25        Thursday                        Butrovich 205           9:00 AM                                                 
+= SB2001 OIL & GAS TAX AMENDMENTS                                                                                              
              Tentative agenda: Continuation/Callbacks                                                                          
              Previous Presenters: Industry and/or                                                                              
              Administration                                                                                                    
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                            RESOURCES (continued)                                                                            

2007-10-18                     Senate Journal                      Page 1428
                                                                                                                                
Oct 26        Friday                          Butrovich 205           9:00 AM                                                 
+= SB2001 OIL & GAS TAX AMENDMENTS                                                                                              
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Oct 27        Saturday                        Butrovich 205           9:00 AM                                                 
+= SB2001 OIL & GAS TAX AMENDMENTS                                                                                              
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                          LEGISLATIVE BUDGET & AUDIT                                                                         
                                                                                                                                
Oct 18        Thursday                   House Finance 519          10:30 AM                                                  
              Presentation by Dr. Pedro Van Meurs and Daniel Johnston:                                                          
              How PPT in its current structure compares to similar oil                                                          
              provinces around the globe; and a discussion of costs.                                                            
              Questions and Answers                                                                                             
              All Legislators/Staff invited to attend                                                                           
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                               MINORITY CAUCUS                                                                               
                                                                                                                                
Oct 18        Thursday                        Butrovich 205           8:15 PM                                                 
              Minority Caucus                                                                                                   
                   ----------------------------------------                                                                    
                                                                                                                                
                            MISCELLANEOUS MEETINGS                                                                           
                                                                                                                                
Oct 18        Thursday                     Senate Chamber             8:00 PM                                                 
              SENATE SESSION                                                                                                    
              Special Session Subjects:                                                                                         
              1. Relating to oil & gas production taxes and conservation                                                        
               surcharges on oil and making related amendments                                                                 
              2. Making statutory changes to place certain positions for                                                        
              auditing oil & 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 & gas production taxes                                                               
              4. Relating to the sharing between state agencies of certain oil                                                  
              & gas tax and royalty information                                                                                 
                               VPSO TASK FORCE                                                                               

2007-10-18                     Senate Journal                      Page 1429
                                                                                                                                
Nov 05        Monday                             Kodiak Inn           9:00 AM                                                 
+             -- Teleconference --                                                                                              
              Village Public Safety Officer Task Force                                                                          
              Opening Remarks - Senator Olson                                                                                   
              VPSO Program Overview - Comm Monegan                                                                              
              Public Input and Discussion                                                                                       
              Closing - Sen Olson & Task Force Members