Legislature(2005 - 2006)

2006-05-07 House Journal

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2006-05-07                     House Journal                      Page 3821
SB 305                                                                                            
The following, which was moved to the bottom of the calendar (page                                  
3789), was read the third time:                                                                     
                                                                                                    

2006-05-07                     House Journal                      Page 3822
     HOUSE CS FOR CS FOR SENATE BILL NO. 305(FIN)                                                   
     "An Act repealing the oil production tax and the gas production                                
     tax and providing for a production tax on oil and gas; relating to                             
     the calculation of the gross value at the point of production of oil                           
     and gas and to the determination of the value of oil and gas for                               
     purposes of the production tax on oil and gas; providing for tax                               
     credits against the production tax on oil and gas; relating to the                             
     relationship of the production tax on oil and gas to other taxes, to                           
     the dates those tax payments and surcharges are due, to interest on                            
     overpayments of the tax, and to the treatment of the tax in a                                  
     producer's settlement with the royalty owners; relating to flared                              
     gas, and to oil and gas used in the operation of a lease or property                           
     under the production tax; relating to the prevailing value of oil and                          
     gas under the production tax; relating to surcharges on oil; relating                          
     to statements or other information required to be filed with or                                
     furnished to the Department of Revenue, to the penalty for failure                             
     to file certain reports for the tax, to the powers of the Department                           
     of Revenue, and to the disclosure of certain information required                              
     to be furnished to the Department of Revenue as applicable to the                              
     administration of the tax; relating to criminal penalties for                                  
     violating conditions governing access to and use of confidential                               
     information relating to the tax, and to the deposit of tax money                               
     collected by the Department of Revenue; amending the definitions                               
     of 'gas,' 'oil,' and certain other terms for purposes of the production                        
     tax, and as the definition of the term 'gas' applies in the Alaska                             
     Stranded Gas Development Act, and adding further definitions;                                  
     making conforming amendments; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
The Speaker stated that, without objection, HCS CSSB 305(FIN)                                       
would be returned to second reading for all amendments.                                             
                                                                                                    
Representative Hawker moved and asked unanimous consent that he                                     
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Hawker was required to vote.                                
                                                                                                    
Representative Berkowitz placed a call of the House on the bill.                                    
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    

2006-05-07                     House Journal                      Page 3823
Representatives Meyer and Crawford moved and asked unanimous                                        
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    
Amendment No. 10 was offered  by Representative Crawford:                                            
                                                                                                    
Page 1, line 1, through Page 2, line 9 (title amendment):                                           
 Delete all material.                                                                               
 Insert ""An Act relating to oil and gas, the oil and gas                                         
properties production (severance) tax as it applies to oil; providing                             
for an adjustment to increase the tax collected when oil prices                                   
exceed $20 per barrel and to reduce the tax collected when oil                                    
prices fall below $16 per barrel; providing for relief from the tax                               
when the price per barrel is low or when the taxpayer                                             
demonstrates that a reduction in the tax is necessary to establish                                
or reestablish production from an oil field or pool that would not                                
otherwise be economically feasible; delaying until July 1, 2016, the                              
deadline for certain exploration expenditures that form the basis                                 
for a credit against the tax on oil and gas produced from a lease or                              
property in the state; and amending the powers and duties of the                                  
Alaska Oil and Gas Conservation Commission.""                                                     
                                                                                                    
Page 2, line 11, through Page 35, line 14:                                                          
 Delete all material and insert:                                                                    
   "* Section 1. AS 31.05.030(d) is amended to read:                                              
      (d)  The commission may require                                                               
       (1)  identification of ownership of wells, producing                                         
     leases, tanks, plants and drilling structures;                                                 
       (2)  the making and filing of reports, well logs, drilling                                   
     logs, electric logs, lithologic logs, directional surveys, and all                             
     other subsurface information on a well drilled for oil or gas, or for                          
     the discovery of oil or gas, or for geologic information, and the                              
     required reports and information shall be filed within 30 days after                           
     the completion, abandonment, or suspension of the well;                                        
       (3)  the drilling, casing, and plugging of wells in a manner                                 
     that will prevent the escape of oil or gas out of one stratum into                             
     another, the intrusion of water into an oil or gas stratum, the                                
     pollution of fresh water supplies by oil, gas, or salt water, and                              
     prevent blowouts, cavings, seepages and fires;                                                 

2006-05-07                     House Journal                      Page 3824
       (4)  the furnishing of a reasonable bond with sufficient                                     
     surety conditions for the performance of the duty to plug each dry                             
     or abandoned well or the repair of wells causing waste;                                        
       (5)  the operation of wells with efficient gas-oil and                                       
     water-oil ratios, and may fix these ratios;                                                    
       (6)  the gauging or other measuring of oil and gas to                                        
     determine the quality and quantity of oil and gas;                                             
       (7)  every person who produces oil or gas in the state to                                    
     keep and maintain for a period of five years in the state complete                             
     and accurate records of the quantities of oil and gas produced,                                
     which shall be available for examination by the Department of                                  
     Natural Resources or its agents at all reasonable times;                                       
       (8)  the measuring and monitoring of oil and gas pool                                        
     pressures;                                                                                     
       (9)  the filing and approval of a plan of development and                                    
     operation for a field or pool in order to prevent waste, ensure                            
     [INSURE] a greater ultimate recovery of oil and gas, and protect                               
     the correlative rights of persons owning interests in the tracts of                            
     land affected.                                                                                 
       (10)  working interest owners to provide, at a                                           
     commercially reasonable rate of return, not to exceed costs                                
     plus 10 percent, access to production and other facilities                                 
     whenever necessary; the commission may act under this                                      
     paragraph                                                                                  
           (A)  to                                                                              
                (i)  maximize the economic and physical                                         
              recovery of the state's oil and gas resources;                                   
                (ii)  maximize competition among parties                                        
              seeking to explore and develop the state's oil and gas                            
              resources;                                                                        
                (iii)  minimize the adverse affects of                                          
              exploration,      development,        production,        and                      
              transportation activity; or                                                       
                (iv)  otherwise protect the best interest of the                                
              state; and                                                                        
           (B)  only if the commission finds that the facility                                  
         has excess capacity and that directing the working interest                            
         owner to provide access by or for the benefit of others                                
         would not materially interfere with the owner's                                        
         paramount use of the facility.                                                         

2006-05-07                     House Journal                      Page 3825
   * Sec. 2.  AS 36.30.850(b)(33) is amended to read:                                             
       (33)  contracts between the Department of Natural                                            
     Resources or the Department of Revenue, as appropriate, and                                
     contractors qualified to evaluate hydrocarbon development,                                     
     production, transportation, and economics, to assist the                                       
     commissioner of natural resources or the commissioner of                                   
     revenue, as appropriate, in evaluating applications for                                    
           (A)  royalty increases or decreases or other royalty                                 
         adjustments, and evaluating the related financial and technical                            
         data, entered into under AS 38.05.180(j); or                                           
           (B)  tax reductions, and evaluating the related                                      
         financial and technical data, as authorized by AS                                      
         43.55.011(i) and (j);                                                                  
   * Sec. 3.  AS 43.55.011(a) is amended to read:                                                 
      (a)  There is levied upon the producer of oil a tax for all oil                               
     produced from each lease or property in the state, less any oil the                            
     ownership or right to which is exempt from taxation. The tax is                                
     equal to,                                                                                      
       (1)  in the case of North Slope oil, either the percentage-                              
     of-value amount calculated under (b)(1) [(b)] of this section or the                       
     cents-per-barrel amount calculated under (c)(1) [(c)] of this                              
     section, whichever is greater; if [, MULTIPLIED BY THE                                     
     ECONOMIC LIMIT FACTOR DETERMINED FOR THE OIL                                                   
     PRODUCTION OF THE LEASE OR PROPERTY UNDER AS                                                   
     43.55.013.  IF] the amounts calculated under (b)(1) and (c)(1) [(b)                        
     AND (c)] of this section are equal, the amount calculated under                                
     (b)(1) [(b)] of this section shall be treated as if it were the greater                    
     for purposes of this section;                                                              
       (2)  in the case of oil that is not North Slope oil, either                              
     the percentage-of-value amount calculated under (b)(2) of this                             
     section or the cents-per-barrel amount calculated under (c)(2)                             
     of this section, whichever is greater, multiplied by the                                   
     economic limit factor determined for the oil production of the                             
     lease or property under AS 43.55.013; if the amounts                                       
     calculated under (b)(2) and (c)(2) of this section are equal, the                          
     amount calculated under (b)(2) of this section shall be treated                            
     as if it were the greater for purposes of this section.                                    
   * Sec. 4.  AS 43.55.011(b) is amended to read:                                                 
      (b)  The percentage-of-value amount equals,                                               
       (1)  in the case of North Slope oil, the tax rate set out                                

2006-05-07                     House Journal                      Page 3826
     in (e) of this section multiplied by the gross value at the point                          
     of production of taxable oil produced from the lease or                                    
     property;                                                                                  
       (2)  in the case of oil that is not North Slope oil, 12.25                               
     percent of the gross value at the point of production of taxable oil                           
     produced on or before June 30, 1981, from the lease or property                                
     and 15 percent of the gross value at the point of production of                                
     taxable oil produced from the lease or property after June 30,                                 
     1981; except that, for a lease or property coming into commercial                              
     oil production after June 30, 1981, the percentage-of-value                                    
     amount equals 12.25 percent of the gross value at the point of                                 
     production of taxable oil produced from the lease or property in                               
     the first five years after the start of commercial oil production and                          
     equals 15 percent of the gross value at the point of production of                             
     taxable oil produced [THEREAFTER] from the lease or property.                                  
   * Sec. 5.  AS 43.55.011(c) is amended to read:                                                 
      (c)  The cents-per-barrel amount equals,                                                  
       (1)  in the case of North Slope oil, $0.80 per barrel of                                 
     taxable crude oil produced from the lease or property, as                                  
     adjusted by AS 43.55.012, multiplied by the economic limit                                 
     factor determined for oil production of the lease or property                              
     under AS 43.55.013 and by the price adjustment factor set out                              
     in (e)(2)(D) of this section;                                                              
       (2)  in the case of oil that is not North Slope oil, $0.60                               
     per barrel of taxable old crude oil produced from the lease or                                 
     property, and $0.80 per barrel for all other taxable oil produced                              
      from the lease or property, both as adjusted by AS 43.55.012.                                
   * Sec. 6.  AS 43.55.011 is amended by adding new subsections to                                
read:                                                                                               
      (e)  This subsection and (f) - (k) of this section apply only to                              
     North Slope oil.  Except as provided in (h) of this section for                                
     heavy oil, the tax rate is the lesser of                                                       
       (1)  25 percent; or                                                                          
       (2)  the product of the volume adjusted tax rate multiplied                                  
     by the price adjustment factor; for purposes of                                                
           (A)  this paragraph, the volume adjusted tax rate is                                     
         the greater of                                                                             
                (i)  the applicable tax rate, not to exceed five                                    
              percent, determined under (C) of this paragraph, except                               
              that, if during a month in which the West Coast prevailing                            

2006-05-07                     House Journal                      Page 3827
              value for oil under AS 43.55.020(f) is less than $12, the                             
              applicable tax rate is zero and the volume adjusted tax                               
              rate is determined only by the application of (ii) of this                            
              subparagraph; or                                                                      
                (ii)  the economic limit factor determined for the                                  
              oil production of the lease or property under AS                                      
              43.55.013 multiplied by the nominal tax rate;                                        
           (B)  subparagraph (A) of this paragraph, the nominal                                     
         tax rate is                                                                                
                (i)  12.25 percent during the first five years from                                 
              the date that is the start of commercial oil production; and                          
                (ii)  15 percent after the first five years from the                                
              date that is the start of commercial oil production;                                  
           (C)  sub-subparagraph (A)(i) of this paragraph,                                          
         during each month in which the West Coast prevailing value                                 
         for oil under AS 43.55.020(f) averages                                                     
                (i)  at least $16, the applicable rate is five                                      
              percent;                                                                              
                (ii)  at least $15 but not $16, the applicable rate is                              
              four percent;                                                                         
                (iii)  at least $14 but not $15, the  applicable rate                               
              is three percent;                                                                     
                (iv) at least $13 but not $14, the applicable rate is                               
              two percent; and                                                                      
                (v)  at least $12 but not $13, the applicable rate is                               
              one percent; and                                                                      
           (D)  this paragraph and for the purpose of                                               
         determining the cents-per-barrel amount under (c) of this                                  
         section, the price adjustment factor is one, except that the                               
         price adjustment factor is the West Coast prevailing value                                 
         divided by                                                                                 
                (i)  16 during each month in which the West                                         
              Coast prevailing value for oil under AS 43.55.020(f)                                  
              averages less than $16 per barrel;                                                    
                (ii)  20 during each month in which the West                                        
              Coast prevailing value for oil under AS 43.55.020(f)                                  
              averages more than $20 per barrel.                                                    
      (f)  During a month in which the West Coast prevailing value                                  
     for oil determined under AS 43.55.020(f) on which tax is due                                   
     under this chapter averages less than $10 per barrel, the payment                              

2006-05-07                     House Journal                      Page 3828
     of                                                                                             
       (1)  one-half of the tax due and payable under this chapter                                  
     is waived; and                                                                                 
       (2)  the remaining one-half of the tax due and payable                                       
     under this chapter is deferred, subject to the following:                                      
           (A)  the amount of tax payment that is deferred under                                    
         this paragraph is payable by the taxpayer                                                  
                (i)  during each month in which the West Coast                                      
              prevailing value for oil on which tax is due under this                               
              chapter averages at least $16 per barrel; and                                        
                (ii)  sequentially on a month-for-month basis in                                    
              the order in which the tax payment was deferred based on                              
              payment of one month's deferred tax during each month                                 
              that the West Coast prevailing value for oil on which tax                             
              is due under this chapter averages at least $16 per barrel;                           
              and                                                                                   
           (B)  amounts due and payable because of a payment                                        
         deferral under this paragraph bear interest at the rate of a 10-                           
         year note of the United States treasury at the time of the                                 
         deferral.                                                                                  
      (g)  On and after July 1, 2006, the commissioner shall                                        
       (1)  annually revise the dollar prices described in (e) and                                  
     (f) of this section and the related denominators setout in                                     
     (e)(2)(D)(i) and (ii) of this section to reflect inflation as defined by                       
     regulation adopted by the department; and                                                      
       (2)  promptly report the application of the revisions to all                                 
     taxpayers subject to the tax levied and collected under this                                   
     chapter.                                                                                       
      (h)  Notwithstanding (e) of this section, the tax rate for heavy                              
     oil is the volume adjusted tax rate.  The volume adjusted tax rate                             
     for heavy oil is determined by multiplying  the economic limit                                 
     factor determined for the oil production of the lease or property                              
     under AS 43.55.013 by the nominal tax rate set out in (e)(2)(A)(i)                             
     and (ii) of this section.  In this subsection, "heavy oil" means oil                           
     equal to or less than 20 degrees API gravity.                                                  
      (i)  A producer of oil that is North Slope oil may apply for a                                
     reduction of the tax due under (e), (j), and (k) of this section on                            
     the production of the oil                                                                      
       (1)  if and to the extent that the amount calculated under                                   
     (A) of this paragraph is greater than the amount calculated under                              

2006-05-07                     House Journal                      Page 3829
     (B) of this paragraph, but a reduction of the tax may not result in                            
     collection of tax due under this section that is less than the amount                          
     calculated under (B) of this paragraph:                                                        
           (A)  the amount of tax on the production of the oil                                      
         that results from applying the provisions of (e) of this section;                          
           (B)  the amount of tax on the production of the oil                                      
         that would result from not applying the provisions of (e) of                               
         this section; and                                                                          
       (2)  if the commissioner determines that the application                                     
     meets the requirements of AS 38.05.180(j)(1)(A), (j)(1)(B), or                                 
     (j)(1)(C).                                                                                     
      (j)  When the commissioner receives an application under (i)                                  
     of this section, the commissioner                                                              
       (1)  may not approve a tax reduction                                                         
           (A)  unless the applicant makes a clear and                                              
         convincing showing that the tax reduction meets the                                        
         requirements of (i) of this section and this subsection and is in                          
         the best interests of the state;                                                           
           (B)  that reduces the amount of the tax recovered to                                     
         less than the amount determined under (i)(1)(B) of this                                    
         section;                                                                                   
           (C)  without including an explicit condition that the                                    
         tax reduction is not assignable without the prior written                                  
         approval, which may not be unreasonably withheld, by the                                   
         commissioner; the commissioner shall, in the preliminary and                               
         final findings and determinations, set out the conditions under                            
         which the tax reduction may be assigned;                                                   
       (2)  shall require the applicant to submit, with the                                         
     application for the tax reduction, financial and technical data that                           
     demonstrate that the requirements of (i) of this section and this                              
     subsection are met; the commissioner                                                           
           (A)  may require disclosure of only the financial and                                    
         technical data related to development, production, and                                     
         transportation of oil and gas or gas only from the field or pool                           
         that are reasonably available to the applicant; and                                        
           (B)  shall keep the data confidential under AS                                           
         38.05.035(a)(9) at the request of the applicant; the                                       
         confidential data may be disclosed by the commissioner to                                  
         legislators and to the legislative auditor and as directed by the                          
         chair or vice-chair of the Legislative Budget and Audit                                    

2006-05-07                     House Journal                      Page 3830
         Committee to the director of the division of legislative                                   
         finance, the permanent employees of their respective divisions                             
         who are responsible for evaluating a tax reduction, and to                                 
         agents or contractors of the legislative auditor or the                                    
         legislative finance director who are engaged under contract to                             
         evaluate the tax reduction, if they sign an appropriate                                    
         confidentiality agreement;                                                                 
       (3)  may  require the applicant for the tax reduction under                                  
     (i) of this section and this subsection to pay for the services of an                          
     independent contractor, selected by the applicant from a list of                               
     qualified consultants compiled by the commissioner, to evaluate                                
     hydrocarbon development, production, transportation, and                                       
     economics and to assist the commissioner in evaluating the                                     
     application and financial and technical data; if, under this                                   
     paragraph, the commissioner requires payment for the services of                               
     an independent contractor, the total cost of the services to be paid                           
     for by the applicant may not exceed $150,000 for each                                          
     application, and the commissioner shall determine the relevant                                 
     scope of the work to be performed by the contractor; selection of                              
     an independent contractor under this paragraph is not subject to                               
     AS 36.30;                                                                                      
       (4)  shall make and publish a preliminary findings and                                       
     determination on the tax reduction application, give reasonable                                
     public notice of the preliminary findings and determination, and                               
     invite public comment on the preliminary findings and                                          
     determination during a 30-day period for receipt of public                                     
     comment;                                                                                       
       (5)  shall offer to appear before the Legislative Budget                                     
     and Audit Committee, on a day that is not earlier than 10 days and                             
     not later than 20 days after giving public notice under (4) of this                            
     subsection, to provide the committee a review of the                                           
     commissioner's preliminary findings and determination on the tax                               
     reduction application and administrative process; if the Legislative                           
     Budget and Audit Committee accepts the commissioner's offer,                                   
     the committee shall give notice of the committee's meeting to all                              
     members of the legislature;                                                                    
       (6)  shall make copies of the preliminary findings and                                       
     determination available to                                                                     
           (A)  the presiding officer of each house of the                                          
         legislature;                                                                               

2006-05-07                     House Journal                      Page 3831
           (B)  the chairs of the legislature's standing                                            
         committees on resources; and                                                               
           (C)  the chairs of the legislature's special committees                                  
         on oil and gas, if any; and                                                                
       (7)  shall, within 30 days after the close of the public                                     
     comment period under (4) of this subsection,                                                   
           (A)  prepare a summary of the public response to the                                     
          commissioner's preliminary findings and determination;                                   
           (B)  make a final findings and determination; the                                        
         commissioner's final findings and determination prepared                                   
         under this subparagraph regarding a tax reduction is final and                             
         not appealable to the court;                                                               
           (C)  transmit a copy of the final findings and                                           
         determination to the lessee; and                                                           
           (D)  make copies of the final findings and                                               
         determination available to each person who submitted                                       
         comment under (4) of this subsection and who has filed a                                   
         request for the copies.                                                                    
      (k)  In this section, "North Slope oil" means oil produced                                    
     from a portion of a reservoir located north of 68 degrees North                                
     latitude.                                                                                      
   * Sec. 7.  AS 43.55.012(b) is amended to read:                                                 
      (b)  The cents-per-barrel amount set out in AS 43.55.011(c)(1)                            
     and (2) [AS 43.55.011(c)] applies to oil of 27 degrees API                                 
     gravity. For each degree of API gravity less than 27 degrees, the                              
     cents-per-barrel amount shall be reduced by $.005 and for each                                 
     degree of API gravity greater than 27 degrees the cents-per-barrel                             
     amount shall be increased by $.005 except that oil above 40                                    
     degrees API gravity shall be taxed as 40 degree oil. In applying                               
     the gravity adjustment under this subsection, fractional degrees of                            
     API gravity shall be disregarded.                                                              
   * Sec. 8. AS 43.55.025(b) is amended to read:                                                  
      (b)  To qualify for the production tax credit under (a) of this                               
     section, an exploration expenditure must be incurred for work                                  
     performed on or after July 1, 2003, and before July 1, 2016                                
     [2007], except that an exploration expenditure for a Cook Inlet                                
     prospect must be incurred for work performed on or after July 1,                               
     2005, [AND BEFORE JULY 1, 2010, AND EXCEPT THAT AN                                             
     EXPLORATION EXPENDITURE, IN WHOLE OR IN PART,                                                  
     SOUTH OF 68 DEGREES, 15 MINUTES, NORTH LATITUDE,                                               

2006-05-07                     House Journal                      Page 3832
     AND NOT PART OF A COOK INLET PROSPECT MUST BE                                                  
     INCURRED FOR WORK PERFORMED ON OR AFTER JULY                                                   
     1, 2003, AND BEFORE JULY 1, 2010,] and                                                         
       (1)  may be for seismic or geophysical exploration costs                                     
     not connected with a specific well;                                                            
       (2)  if for an exploration well,                                                             
           (A)  must be incurred by an explorer that holds an                                       
         interest in the exploration well for which the production tax                              
         credit is claimed;                                                                         
           (B)  may be for either an oil or gas discovery well or                                   
         a dry hole; and                                                                            
           (C)  must be for goods, services, or rentals of                                          
         personal property reasonably required for the surface                                      
         preparation, drilling, casing, cementing, and logging of an                                
         exploration well, and, in the case of a dry hole, for the                                  
         expenses required for abandonment if the well is abandoned                                 
          within 18 months after the date the well was spudded;                                    
       (3)  may not be for testing, stimulation, or completion                                      
     costs; administration, supervision, engineering, or lease operating                            
     costs; geological or management costs; community relations or                                  
     environmental costs; bonuses, taxes, or other payments to                                      
     governments related to the well; or other costs that are generally                             
     recognized as indirect costs or financing costs; and                                           
       (4)  may not be incurred for an exploration well or                                          
     seismic exploration that is included in a plan of exploration or a                             
     plan of development for any unit on May 13, 2003."                                             
                                                                                                    
Representative Crawford moved and asked unanimous consent that                                      
Amendment No. 10 be adopted.                                                                        
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 10 be adopted?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 305(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 10                                                                                    
                                                                                                    
YEAS:  12   NAYS:  28   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    

2006-05-07                     House Journal                      Page 3833
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Salmon                                                        
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                           
McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                             
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
And so, Amendment No. 10 was not adopted.                                                           
                                                                                                    
Representative Berkowitz lifted the call.