Legislature(2005 - 2006)
2006-05-07 House Journal
Full Journal pdf2006-05-07 House Journal Page 3838 SB 305 HCS CSSB 305(FIN) was again before the House in second reading (page 3822). Amendment No. 1 was offered by Representatives Kelly and Holm: Page 3, line 29: Delete "20" Insert "22.5" Page 4, line 19: Delete "20" Insert "22.5" 2006-05-07 House Journal Page 3839 Representative Kelly moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hawker objected. Amendment to Amendment No. 1 was offered by Representative Croft: Delete "22.5" Insert "25" Representative Croft moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. Representative Hawker objected. The question being: "Shall Amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 305(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Kerttula, Weyhrauch Nays: Anderson, Chenault, Elkins, Foster, Gatto, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson And so, Amendment to Amendment No. 1 was not adopted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 305(FIN) Second Reading Amendment No. 1 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 2006-05-07 House Journal Page 3840 Yeas: Berkowitz, Cissna, Coghill, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Kelly, Kerttula, LeDoux, McGuire, Neuman, Olson, Seaton, Stoltze Nays: Anderson, Chenault, Crawford, Croft, Elkins, Foster, Hawker, Joule, Kapsner, Kohring, Kott, Lynn, Meyer, Moses, Ramras, Rokeberg, Salmon, Samuels, Thomas, Weyhrauch, Wilson And so, Amendment No. 1 was not adopted. Amendment No. 20 was offered by Representative Seaton: Page 3, line 29: Delete "20" Insert "21.5" Page 4, line 19: Delete "20" Insert "21.5" Representative Seaton moved and asked unanimous consent that Amendment No. 20 be adopted. There was objection. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: HCS CSSB 305(FIN) Second Reading Amendment No. 20 YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Coghill, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Kelly, Kerttula, LeDoux, Lynn, McGuire, Neuman, Olson, Seaton, Stoltze, Weyhrauch 2006-05-07 House Journal Page 3841 Nays: Anderson, Chenault, Crawford, Croft, Elkins, Foster, Hawker, Joule, Kapsner, Kohring, Kott, Meyer, Moses, Ramras, Rokeberg, Salmon, Samuels, Thomas, Wilson LeDoux changed from "Nay" to "Yea". And so, Amendment No. 20 was adopted. Representative Kott moved that the House rescind previous action in adopting Amendment No. 20. The question being: "Shall the House rescind previous action in adopting Amendment No. 20?" The roll was taken with the following result: HCS CSSB 305(FIN) am H Second Reading Rescind Previous Action/Amendment No. 20 YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Crawford, Croft, Elkins, Foster, Harris, Hawker, Joule, Kapsner, Kohring, Kott, Meyer, Moses, Ramras, Rokeberg, Salmon, Samuels, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Kelly, Kerttula, LeDoux, Lynn, McGuire, Neuman, Olson, Seaton, Stoltze And so, the motion passed. Amendment No. 20 was before the House. Amendment to Amendment No. 20 was offered by Representative Berkowitz: Delete "21.5" Insert "22.6" Representative Berkowitz moved and asked unanimous consent that Amendment to Amendment No. 20 be adopted. 2006-05-07 House Journal Page 3842 Representative Rokeberg objected. The question being: "Shall Amendment to Amendment No. 20 be adopted?" The roll was taken with the following result: HCS CSSB 305(FIN) Second Reading Amendment to Amendment No. 20 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Kelly, Kerttula, LeDoux Nays: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, Amendment to Amendment No. 20 was not adopted. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: HCS CSSB 305(FIN) am H Second Reading Amendment No. 20 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Coghill, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Kelly, Kerttula, LeDoux, Lynn, McGuire, Neuman, Olson, Seaton, Stoltze, Wilson Nays: Anderson, Chenault, Crawford, Croft, Elkins, Foster, Harris, Hawker, Joule, Kapsner, Kohring, Kott, Meyer, Moses, Ramras, Rokeberg, Salmon, Samuels, Thomas, Weyhrauch And so, Amendment No. 20 was not adopted. Amendment No. 3 was offered by Representative Kelly: Page 19, line 25: Delete "one-third" Insert "two-thirds" 2006-05-07 House Journal Page 3843 Page 19, line 27, following "state,": Insert "less one-third of the gross value at the point of production of the gas taxable under AS 43.55.011(e) and (g) and produced from all leases or properties in the Cook Inlet sedimentary basin and less one-sixth of the gross value at the point of production of the gas taxable under AS 43.55.011(e) and (g) and produced by the producer from all leases or properties in the state located south of 68 degrees North latitude outside the Cook Inlet sedimentary basin," Representative Kelly moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Croft objected. Amendment to Amendment No. 3 was offered by Representative Rokeberg: Following "degrees": Insert ", 15 minutes" Representative Rokeberg moved and asked unanimous consent that Amendment to Amendment No. 3 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 3 as amended be adopted?" The roll was taken with the following result: HCS CSSB 305(FIN) Second Reading Amendment No. 3 as amended YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Harris, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Wilson Nays: Anderson, Crawford, Croft, Foster, Guttenberg, Hawker, Holm, LeDoux, Thomas, Weyhrauch And so, Amendment No. 3 as amended was adopted. 2006-05-07 House Journal Page 3844 Amendment No. 11 was offered by Representatives Kapsner, Thomas, Joule, Elkins, Wilson, LeDoux, Salmon, Moses, and Kerttula: Page 4, line 31, following "section.": Insert "The legislature may appropriate amounts from the annual estimated balance of the account maintained under AS 37.05.142 for deposits into the general fund of the proceeds of the tax levied under this subsection to the high energy cost offset fund established by AS 43.55.420." Page 29, following line 4: Insert a new bill section to read: "* Sec. 30. AS 43.55 is amended by adding a new section to read: Article 4. High Energy Cost Impact Fund. Sec. 43.55.420. High energy cost offset fund. (a) The high energy cost offset fund is established as a separate fund in the general fund. The fund consists of all money appropriated to it. (b) The high energy cost offset fund shall be invested by the Department of Revenue so as to yield competitive market rates, as provided in AS 37.10.071. Money in the fund may be appropriated to provide cost offsets for higher energy costs of consumers. (c) Nothing in this section creates a dedication of funds." Renumber the following bill sections accordingly. Representative Kapsner moved and asked unanimous consent that Amendment No. 11 be adopted. There was objection. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: HCS CSSB 305(FIN) am H Second Reading Amendment No. 11 YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 2006-05-07 House Journal Page 3845 Yeas: Berkowitz, Cissna, Crawford, Croft, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, McGuire, Moses, Ramras, Salmon, Samuels, Seaton, Thomas, Wilson Nays: Anderson, Chenault, Coghill, Dahlstrom, Gatto, Kelly, Kohring, Lynn, Meyer, Neuman, Olson, Rokeberg, Stoltze, Weyhrauch And so, Amendment No. 11 was adopted. Amendment No. 9 was offered by Representative Chenault: Page 20, line 23: Delete "and ordinary" Insert ", ordinary, and necessary" Page 20, line 26: Delete "and ordinary" Insert ", ordinary, and necessary" Page 20, line 29: Delete "and ordinary" Insert ", ordinary, and necessary" Page 25, line 27: Delete ""ordinary" has the meaning given to "ordinary"" Insert ""ordinary and necessary" has the meaning given to "ordinary and necessary"" Page 26, line 17: Delete "July 31, 2016" Insert "March 31, 2016" Page 26, line 21: Delete "July 1, 2006" Insert "April 1, 2006" Representative Chenault moved and asked unanimous consent that Amendment No. 9 be adopted. 2006-05-07 House Journal Page 3846 Objection was heard and withdrawn. There being no further objection, Amendment No. 9 was adopted. Amendment No. 6 was offered by Representative Weyhrauch: Page 4, line 31, following "section.": Insert "However, application of this subsection may not, when added to the tax levied under (e) of this section, impose a total tax levy of more than 50 percent of the production tax value of taxable oil and gas as calculated under AS 43.55.160." Representative Weyhrauch moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Berkowitz objected. Representative Weyhrauch moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. Amendment No. 7 was offered by Representative Weyhrauch: Page 23, line 23, following "oil": Insert "; (Q) losses or damages resulting from an unpermitted oil discharge or costs to contain, clean up, or remediate an unpermitted oil discharge to the extent that those costs exceed the routine costs of operation for a producer or explorer that would otherwise be incurred as lease expenditures in the absence of the unpermitted oil discharge; this subparagraph does not apply to the cost of developing and maintaining an oil discharge prevention and contingency plan under AS 46.04.030" Representative Weyhrauch moved and asked unanimous consent that Amendment No. 7 be adopted. There being no objection, it was so ordered. Amendment No. 13 was offered by Representative Guttenberg: 2006-05-07 House Journal Page 3847 Page 7, line 24: Delete "A" Insert "Subject to (k) of this section, a" Page 8, line 30: Delete "A" Insert "Subject to (k) of this section, a" Page 9, line 30, following "(c)": Insert "and (k)" Page 12, following line 17: Insert a new subsection to read: "(k) A person that is a party to contract under AS 43.82.020 may not take a tax credit under this section if the person fails to comply with the provisions of the contract provided for under AS 43.82.230." Reletter the following subsection accordingly. Representative Guttenberg moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Samuels objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: HCS CSSB 305(FIN) am H Second Reading Amendment No. 13 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Lynn, Moses, Salmon, Stoltze, Thomas, Wilson 2006-05-07 House Journal Page 3848 Nays: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Weyhrauch And so, Amendment No. 13 was not adopted. Amendment No. 15 was offered by Representatives Seaton, Weyhrauch, and Kelly: Page 2, line 8, following "amendments;" (title amendment): Insert "amending the powers of the board of trustees of the Alaska Retirement Management Board to authorize purchase and sale of transferable tax credit certificates issued in conjunction with the production tax on oil and gas;" Page 2, line 13: Delete "sec. 11" Insert "sec. 12" Page 2, line 22: Delete "secs. 27 and 29" Insert "secs. 26 and 28" Page 2, following line 25: Insert a new bill section to read: "* Sec. 2. AS 37.10.220(b) is amended to read: (b) The board may (1) employ outside investment advisors to review investment policies; (2) enter into an agreement with the fiduciary of another state fund in order to assume the management and investment of those assets; (3) contract for other services necessary to execute the board's powers and duties; (4) enter into confidentiality agreements that would exempt records from AS 40.25.110 and 40.25.120 if the records contain information that could affect the value of investment by the board or that could impair the ability of the board to acquire, maintain, or dispose of investments; (5) purchase transferable tax credit certificates issued 2006-05-07 House Journal Page 3849 under AS 43.55.024 for 92 percent of the face value of a certificate, and sell transferable tax credit certificates to the Department of Revenue under AS 43.55.024(f) for a cash refund of the full face value of the certificate; the board may, under this paragraph, sell a transferable tax credit only if the commissioner of revenue determines that economic conditions are acceptable for the state to purchase and pay for the credit; the board shall apply the proceeds from a sale made under this paragraph to defray the unfunded pension liabilities of the systems for which the board has responsibility." Renumber the following bill sections accordingly. Page 10, lines 8 - 29: Delete all material and insert: "(f) Under standards established in regulations adopted by the department and subject to availability of taxes paid under this chapter, the department may issue a cash refund for the full value of a transferable tax credit certificate acquired and held by the Alaska Retirement Management Board." Page 32, line 1: Delete "Sections 5, 7 - 10, 12, 13, 15 - 18, 20, 24, and 26 - 34" Insert "Sections 5, 6, 8 - 11, 13, 14, 16 - 19, 21, 25, and 27 - 35" Page 32, line 2: Delete "sec. 25" Insert "sec. 26" Page 32, line 4: Delete "Section 11" Insert "Section 12" Page 32, line 5: Delete "sec. 11" Insert "sec. 12" 2006-05-07 House Journal Page 3850 Page 32, line 9: Delete "sec. 12" Insert "sec. 13" Page 32, line 11: Delete "sec. 12" Insert "sec. 13" Page 32, line 14: Delete "sec. 12" Insert "sec. 13" Page 32, line 16: Delete "sec. 12" Insert "sec. 13" Page 32, line 18: Delete "sec. 12" Insert "sec. 13" Page 32, line 22: Delete "sec. 12" Insert "sec. 13" Page 32, line 24: Delete "sec. 25" Insert "sec. 26" Page 32, line 27: Delete "sec. 25" Insert "sec. 26" Page 33, line 3: Delete "sec. 7" Insert "sec. 8" Page 33, line 4: Delete "sec. 7" Insert "sec. 8" 2006-05-07 House Journal Page 3851 Page 33, line 11: Delete "sec. 5" Insert "sec. 6" Delete "sec. 7" Insert "sec. 8" Page 33, line 13: Delete "sec. 5" Insert "sec. 6" Page 33, line 16: Delete "sec. 18" Insert "sec. 19" Page 33, line 17: Delete "sec. 18" Insert "sec. 19" Page 33, line 23: Delete "sec. 18" Insert "sec. 19" Page 33, line 25: Delete "sec. 26" Insert "sec. 27" Delete "sec. 28" Insert "sec. 29" Page 33, line 27: Delete "secs. 26 and 28" Insert "secs. 27 and 29" Page 34, line 2: Delete "sec. 26" Insert "sec. 27" Delete "sec. 28" Insert "sec. 29" 2006-05-07 House Journal Page 3852 Page 34, line 4: Delete "secs. 26 and 28" Insert "secs. 27 and 29" Page 34, line 6: Delete "26" Insert "27" Delete "sec. 28" Insert "sec. 29" Page 34, line 8: Delete "secs. 26 and 28" Insert "secs. 27 and 29" Page 34, line 14: Delete "sec. 26" Insert "sec. 27" Page 34, line 15: Delete "sec. 28" Insert "sec. 29" Page 34, lines 24 - 25: Delete "secs. 5, 7 - 10, 12, 13, 15 - 18, 20, 24 - 34, and 36" Insert "secs. 5, 6, 8 - 11, 13, 14, 16 - 19, 21, 25 - 35, and 37" Page 35, lines 12 - 13: Delete "secs. 5, 7 - 10, 12, 13, 15 - 18, 20, 24 - 36" Insert "secs. 5, 6, 8 - 11, 13, 14, 16 - 19, 21, 25 - 37" Representative Seaton moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Samuels objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: 2006-05-07 House Journal Page 3853 HCS CSSB 305(FIN) am H Second Reading Amendment No. 15 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Gara, Gatto, Gruenberg, Guttenberg, Kelly, Kerttula, Seaton, Thomas, Weyhrauch, Wilson Nays: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gardner, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representative Seaton: Page 6, line 6: Delete "Ninety-five percent of the" Insert "The" Page 6, lines 8 - 11: Delete "The remaining portion of the tax levied under AS 43.55.011(e) - (g), net of any credits applied under this chapter, is due on March 31 of the year following the calendar year during which the oil and gas were produced." Page 6, lines 15 - 16: Delete "the later of (1) the March 31 described in this subsection, or (2)" Page 6, line 17: Following "(e)": Insert "is" Delete "on or before that March 31 is filed" Page 16, line 28: Delete "or a portion of the tax" 2006-05-07 House Journal Page 3854 Page 33, lines 2 - 23: Delete all material. Renumber the following subsections accordingly. Page 34, line 10: Delete "(h)(1)" Insert "(f)(1)" Page 34, line 13: Delete "(h)(2)" Insert "(f)(2)" Page 34, lines 16 - 19: Delete all material. Representative Seaton moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Hawker objected. Representative Berkowitz moved and asked unanimous consent that the question be divided. Representative Berkowitz moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Seaton moved and asked unanimous consent to withdraw Amendment No. 16. There being no objection, it was so ordered. Amendment Nos. 4, 5, 8, 12, 14, 17 -19, and 21 were not offered. HCS CSSB 305(FIN) am H was automatically in third reading. The Speaker stated that, without objection, HCS CSSB 305(FIN) am H would be held to tomorrow's calendar.