Legislature(2003 - 2004)

05/08/2003 04:03 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                          May 8, 2003                                                                                           
                           4:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                              
Senator Scott Ogan, Chair                                                                                                       
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Ralph Seekins                                                                                                           
Senator Ben Stevens                                                                                                             
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Fred Dyson                                                                                                              
Senator Kim Elton                                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 61(FIN)                                                                                                   
"An  Act establishing  an  exploration and  development  incentive                                                              
tax  credit for  operators and  working  interest owners  directly                                                              
engaged in  the exploration  for and development  of gas  for sale                                                              
and  delivery  without  reference   to  volume  from  a  lease  or                                                              
property in the state; and providing for an effective date."                                                                    
     MOVED SCS CSHB 61(RES) OUT OF COMMITTEE                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 118(RES) am                                                                                               
"An  Act  relating  to the  transportation  and  sale  of  certain                                                              
commercially  caught fish  by  an agent  of  a commercial  fishing                                                              
permit  holder and  to  the sale  of fish;  and  providing for  an                                                              
effective date."                                                                                                                
     MOVED CSHB 118(RES) am OUT OF COMMITTEE                                                                                    
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
HB 61 - See Resources minutes dated 5/7/03                                                                                      
HB 118 - See Labor and Commerce minutes dated 4/8/03 and 4/15/03                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Larry Houle                                                                                                                 
Alaska Support Industry Alliance                                                                                                
POSITION STATEMENT:  Supports SCS CSHB 61(RES)                                                                                
                                                                                                                                
Representative Paul Seaton                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 118                                                                                        
                                                                                                                                
Mr. Doug Mecum                                                                                                                  
Director, Division of Commercial Fisheries                                                                                      
Department of Fish & Game                                                                                                       
PO Box 25526                                                                                                                    
Juneau, AK  99802-5226                                                                                                          
POSITION STATEMENT:  Supports CSHB 118(RES) am                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-44, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR SCOTT  OGAN called the  Senate Resources Standing  Committee                                                            
meeting to order  at 4:03 p.m. Senators Wagoner,  Stevens, Seekins                                                              
and  Chair  Ogan  were present.  Senator  Elton  was  excused  for                                                              
medical   reasons  and   Senator  Dyson   was  attending   another                                                              
committee  hearing. The  first order  of business  to come  before                                                              
the committee was HB 61.                                                                                                        
                                                                                                                                
         HB 61-OIL & GAS TAX CREDIT FOR EXPLORATION/DEV                                                                     
                                                                                                                                
CHAIR OGAN  informed committee  members that  the bill  contains a                                                              
10-year   sunset  provision.   He  wrestled   with  the   idea  of                                                              
shortening  that  timeframe  but  instead decided  to  propose  an                                                              
amendment [Amendment  1] that  treats the  problem in  a different                                                              
manner.                                                                                                                         
                                                                                                                                
Amendment 1 reads as follows.                                                                                                   
                                                      23-LS0270\S.1                                                             
                                                          Chenoweth                                                             
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T  1                                                                                  
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                           BY SENATOR OGAN                                                                 
     TO:  CSHB 61(FIN)                                                                                                          
                                                                                                                                
                                                                                                                                
Page 4, following line 30:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "*  Sec. 4.   The  uncodified  law of  the State  of Alaska  is                                                            
amended by adding a new section to read:                                                                                        
     REPORT ON EFFECT OF GAS EXPLORATION AND DEVELOPMENT TAX                                                                    
CREDIT.   Not  later  than November 30,  2008,  the Department  of                                                              
Revenue shall  prepare and publish a  report on the effect  of the                                                              
gas  exploration   and  development   tax  credit  authorized   by                                                              
AS 43.20.043, added by  sec. 1 of this Act.   The department shall                                                              
advise  the legislature  of the  availability of  the report  and,                                                              
within  the first  10 days  of the  First Regular  Session of  the                                                              
Twenty-Sixth  Alaska State  Legislature,  transmit  copies of  the                                                              
report  to  the  chairs  or co-chairs  of  the  House  and  Senate                                                              
Resources  Committees and  the chairs  or co-chairs  of the  House                                                              
and  Senate Special  Committees on  Oil and  Gas, if  established.                                                              
The report must address                                                                                                         
          (1) the number of successful gas discoveries for which                                                                
a tax credit is provided under AS 43.20.043;                                                                                    
          (2) the volume or amount of new gas reserves brought                                                                  
into  production  for  which  a   tax  credit  is  provided  under                                                              
AS 43.20.043;                                                                                                                   
          (3) the total credits allowed under AS 43.20.043 that                                                                 
are applied to  the tax liability through the  date of preparation                                                              
of the report;                                                                                                                  
          (4) the total credits applied for under AS 43.20.043                                                                  
that are  not yet approved  as of the  date of preparation  of the                                                              
report;                                                                                                                         
          (5) royalties obtained and oil and gas property                                                                       
production  taxes paid  from new  gas  production and  anticipated                                                              
from gas production  for production for which credits  are allowed                                                              
under AS 43.20.043; and                                                                                                         
          (6) any other information that, in the judgment of the                                                                
commissioner of  revenue, would evaluate the effectiveness  of the                                                              
gas  exploration  and  development  tax  credit  authorized  under                                                              
AS 43.20.043."                                                                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 5, line 1:                                                                                                                 
     Delete "sec. 4"                                                                                                            
     Insert "sec. 5"                                                                                                            
                                                                                                                                
                                                                                                                                
SENATOR WAGONER  objected to the  adoption of Amendment 1  for the                                                              
purpose of discussion.                                                                                                          
                                                                                                                                
CHAIR OGAN  explained that  Amendment 1  instructs the  Department                                                              
of Revenue  (DOR) to provide  a report  in five years.  The report                                                              
is to  contain information  specific to items  1 through  6 listed                                                              
in the  amendment. That report will  let the legislature  know how                                                              
this  program is  working out  in 5  years from  now. He  believes                                                              
that is  a better approach than  sunsetting the program,  which is                                                              
cause for uncertainty.  The report will be delivered  to the House                                                              
and  Senate Resources  Committee  co-chairs and  House and  Senate                                                              
Special Committees on Oil and Gas, if established.                                                                              
                                                                                                                                
SENATOR  WAGONER  withdrew  his   objection  to  the  adoption  of                                                              
Amendment 1, therefore it was adopted.                                                                                          
                                                                                                                                
CHAIR  OGAN announced  that Mr.  Logsdon was  available to  answer                                                              
questions. With no questions, he took public testimony.                                                                         
                                                                                                                                
MR. LARRY HOULE,  Alaska Support Industry Alliance,  stated strong                                                              
support for  this legislation.  It is  a successful efforts  bill,                                                              
meaning  no credits  are given for  dry holes.  The Alliance  sees                                                              
this as  the proper  role of government  and applauds  the sponsor                                                              
for introducing this legislation.                                                                                               
                                                                                                                                
[SENATOR LINCOLN arrived.]                                                                                                      
                                                                                                                                
SENATOR  WAGONER  moved  SCS  CSHB  61(RES)  from  committee  with                                                              
individual recommendations  and its zero fiscal note.  There being                                                              
no objection, the motion carried.                                                                                               
                                                                                                                                
CHAIR OGAN announced an at-ease.                                                                                                
                                                                                                                                
            HB 118-TRANSPORTATION OF COMMERCIAL FISH                                                                        
                                                                                                                                
REPRESENTATIVE   PAUL  SEATON,   sponsor  of   HB  118,   informed                                                              
committee  members that  HB 118  gives fishermen  another tool  to                                                              
get  better  quality  fish  to market  while  reducing  costs  and                                                              
provides the  Alaska Department  of Fish and  Game (ADF&G)  with a                                                              
better  mechanism to  keep track  of fish. Fishermen  will  have a                                                              
legal way  to consolidate  catches, record  that information,  and                                                              
move those fish to market.                                                                                                      
                                                                                                                                
CHAIR OGAN asked who opposes the bill.                                                                                          
                                                                                                                                
REPRESENTATIVE   PAUL  SEATON  said   no  one  has   opposed  this                                                              
legislation.                                                                                                                    
                                                                                                                                
CHAIR OGAN asked  if this legislation will "put a  few guys in the                                                              
fish transport business...?"                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  agreed and  added  a number  of  fishermen                                                              
with small  catches  will be able  to aggregate  their catches  on                                                              
one boat  and make up the  fish ticket on each  fisherman's catch.                                                              
That  way,  only one  boat  will  have to  run  the fish  to  town                                                              
without everyone having  to leave the fishing grounds  or hold the                                                              
fish  longer.  That  will  provide for  better  quality  fish  and                                                              
reduce fuel expenses.                                                                                                           
                                                                                                                                
SENATOR  WAGONER said  about six  or eight  boats fished  Chinitna                                                              
Bay after  the season was  over [last year]  in Cook  Inlet. Those                                                              
boats had  an 8-hour  run to  sell their  minimal amount  of fish.                                                              
This  bill will  allow those  fishermen to  combine their  catches                                                              
and have one boat make the run.                                                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON pointed  out that  a quirk  in current  law                                                              
requires the  fisherman to  be at  the point of  sale so  a fisher                                                              
cannot  make  a fish  ticket  and  have  those fish  delivered  by                                                              
another fisherman.                                                                                                              
                                                                                                                                
MR.  DOUG   MECUM,  Director   of  the   Division  of   Commercial                                                              
Fisheries, ADF&G, said he was available to answer questions.                                                                    
                                                                                                                                
CHAIR OGAN asked  Mr. Mecum to review the history  of why this has                                                              
not been allowed in the past.                                                                                                   
                                                                                                                                
MR. MECUM  said this legislation  covers all of  ADF&G's concerns.                                                              
It has worked  with the Departments  of Law and Public  Safety and                                                              
finds  the  bill  contains adequate  protections  to  ensure  that                                                              
ADF&G  gets accurate  data, which  has been its  main concern.  He                                                              
explained that  the current  statutory requirement that  fishermen                                                              
be present  at the point  of sale was  imposed for the  purpose of                                                              
enforcement   of   fishing   regulations    and   tracking.   This                                                              
legislation  modifies  that  statute.  The  Division  of  Wildlife                                                              
Protection  will be able  to track  down where  and when  the fish                                                              
were caught.                                                                                                                    
                                                                                                                                
CHAIR OGAN asked  if the Division of Wildlife  Protection supports                                                              
this legislation.                                                                                                               
                                                                                                                                
MR.   MECUM  said   that  division   is   comfortable  with   this                                                              
legislation.  Major Cockrell  has testified  at least three  times                                                              
to that effect.                                                                                                                 
                                                                                                                                
There being  no further questions  or discussion,  SENATOR WAGONER                                                              
moved  CSHB   118(RES)  am  out   of  committee   with  individual                                                              
recommendations and its attached fiscal note.                                                                                   
                                                                                                                                
CHAIR OGAN announced that without objection, the motion carried.                                                                
He then adjourned the meeting at 4:23 p.m.                                                                                      

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