Legislature(2005 - 2006)

2006-08-10 Senate Journal

Full Journal pdf

2006-08-10                     Senate Journal                      Page 3738
HB 3001                                                                                           
SENATE CS FOR CS FOR HOUSE BILL NO. 3001(NGD) "An Act                                               
relating to the production tax on oil and gas and to conservation                                   
surcharges on oil; relating to criminal penalties for violating                                     
conditions governing access to and use of confidential information                                  
relating to the production tax; amending the definition of 'gas' as that                            
definition applies in the Alaska Stranded Gas Development Act;                                      
making conforming amendments; and providing for an effective date"                                  
was read the third time.                                                                            
                                                                                                    
Senator Guess moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-08-10                     Senate Journal                      Page 3739
Senator Guess offered Amendment No. 1 :                                                              
                                                                                                    
Page 1, line 7, through page 2, line 8:                                                             
     Delete all material.                                                                           
                                                                                                    
Page 2, line 9:                                                                                     
     Delete "Sec. 2"                                                                              
     Insert "Section 1"                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 13, through page 22, line 22:                                                          
     Delete all material and insert:                                                                
"* Sec. 2. 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 Cook Inlet                                     
     sedimentary basin [STATE], less any oil the ownership or right                             
     to which is exempt from taxation or constitutes a land owner's                             
     royalty interest. The tax is equal to either the percentage-of-value                       
     amount calculated under (b) of this section or the cents-per-barrel                            
     amount calculated under (c) 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) and (c) of this section are equal, the                            
     amount calculated under (b) of this section shall be treated as if it                          
     were the greater for purposes of this section.                                                 
 * Sec. 3. AS 43.55.011(b) is amended to read:                                                    
         (b)  The percentage-of-value amount equals [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 in the Cook Inlet                          
     sedimentary basin, [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 Cook Inlet sedimentary basin in the first five years after the                         
     start of commercial oil production [AND EQUALS 15 PERCENT                                      

2006-08-10                     Senate Journal                      Page 3740
     OF THE GROSS VALUE AT THE POINT OF PRODUCTION                                                  
     OF TAXABLE OIL PRODUCED THEREAFTER FROM THE                                                    
     LEASE OR PROPERTY].                                                                            
 * Sec. 4. AS 43.55.011(c) is amended to read:                                                    
         (c)  The cents-per-barrel amount equals [$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. 5. AS 43.55.011 is amended by adding new subsections to                                   
read:                                                                                               
         (e)  There is levied upon the producer of oil a tax for all oil                            
     produced from each lease or property in the state outside of the                               
     Cook Inlet sedimentary basin, less any oil the ownership or right                              
     to which is exempt from taxation or constitutes a land owner's                                 
     royalty interest. The tax is equal to the greater of                                           
              (1)  the cents-per-barrel amount calculated under (c) of                              
     this section; or                                                                               
              (2)  the percentage-of-value amount calculated under (f)                              
     of this section plus the tax determined under (g) of this section.                            
         (f)  The percentage-of-value amount equals 15 percent of the                               
     gross value at the point of production of taxable oil produced from                            
     the lease or property in the state outside of the Cook Inlet                                   
     sedimentary basin, as adjusted under AS 43.55.022.                                             
         (g)  In addition to the taxes levied using the percentage-of-                              
     value amount under (e) of this section, if the average ANS West                                
     Coast price per barrel of oil during a month exceeds $40, there is                             
     levied on the producer of oil a tax for oil produced during that                               
     month from each lease or property in the state outside of the Cook                             
     Inlet sedimentary basin, less any oil the ownership or right to                                
     which is exempt from taxation. The tax levied under this                                       
     subsection is equal to                                                                         
                                                                                                    
       [([ANS West Coast price - 40] x .003) x (ANS wellhead price x .85)]                          
              x (total taxable barrels of oil at the point of production)                           
                                                                                                    
     where "ANS wellhead price" means the prevailing value for oil                                  
     produced in the Alaska North Slope area.                                                       
                                                                                                    
                                                                                                    

2006-08-10                     Senate Journal                      Page 3741
         (h)  For purposes of (g) of this section, the department may                               
     calculate the average price or may, by regulation, specify the                                 
     method by which the average price shall be calculated with                                     
     reference to one or more published sources of price information.                               
     If, in the department's judgment, reliable published sources of                                
     price information on Alaska North Slope crude oil cease, or                                    
     appear likely to soon cease, to be available, or if, in the                                    
     department's judgment, the price of Alaska North Slope crude oil                               
     ceases, or appears likely to soon cease, to be a reliable indicator of                         
     the general price level of crude oils, the department shall, by                                
     regulation, specify a substitute formula for computing the oil price                           
     index. The substitute formula specified by the department under                                
     this subsection must bear, as nearly as is reasonably possible, the                            
     same relationship to the general price level of crude oils as did the                          
     price of Alaska North Slope crude oil.                                                         
         (i)  There is levied on the producer of oil or gas a tax for all                           
     oil and gas produced each month from each lease or property in                                 
     the state the ownership or right to which constitutes a landowner's                            
     royalty interest, except for oil and gas the ownership or right to                             
     which is exempt from taxation. The provisions of this subsection                               
     apply to a landowner's royalty interest as follows:                                            
              (1)  the rate of tax levied on oil is equal to five percent of                        
     the gross value at the point of production of the oil;                                         
              (2)  the rate of tax levied on gas is equal to 1.667 percent                          
     of the gross value at the point of production of the gas;                                      
              (3)  if the department determines that, for purposes of                               
     reducing the producer's tax liability under (1) or (2) of this                                 
     subsection, the producer has received or will receive consideration                            
     from the royalty owner offsetting all or a part of the producer's                              
     royalty obligation, other than a deduction under AS 43.55.020(d)                               
     of the amount of a tax paid,                                                                   
                   (A)  notwithstanding (1) of this subsection, the tax is                          
         equal to                                                                                   
                       (i)  for oil that is produced from a lease or                                
              property in the Cook Inlet sedimentary basin, five percent                            
              of the gross value at the point of production of the oil;                             
                       (ii)  for oil, except oil described in (i) of this                           
              subparagraph, 22.8 percent of the gross value at the point                            
              of production of the oil; and                                                         
                                                                                                    

2006-08-10                     Senate Journal                      Page 3742
                   (B)  notwithstanding (2) of this subsection, for gas                             
         the tax is equal to 11.25 percent of the gross value at the point                          
         of production of the gas.                                                                  
 * Sec. 6. AS 43.55.013(j) is amended to read:                                                    
         (j)  The department may aggregate two or more leases or                                    
     properties (or portions of them), for purposes of determining                                  
     economic limit factors under this section and applying them to                                 
     AS 43.55.011(a) and 43.55.016(a) [AS 43.55.011 OR                                          
     AS 43.55.016], when economically interdependent oil or gas                                     
     production operations are not confined to a single lease or                                    
     property. The department may also segregate a lease or property                                
     into two or more parts, for purposes of determining economic                                   
     limit factors under this section and applying them under                                       
     AS 43.55.011(a) and 43.55.016(a) [AS 43.55.011 OR                                          
     AS 43.55.016], when two or more economically independent oil                                   
     or gas production operations are being conducted on it, or when                                
     old crude oil is produced from the same lease or property as other                             
     oil.                                                                                           
 * Sec. 7. AS 43.55.016(a) is amended to read:                                                    
         (a)  There is levied upon the producer of gas a tax for all gas                            
     produced from each lease or property in the Cook Inlet                                     
     sedimentary basin [STATE], less any gas the ownership or right                             
     to which is exempt from taxation. The tax is equal to either the                               
     percentage-of-value amount calculated under (b) of this section or                             
     the cents-per-Mcf amount calculated under (c) of this section,                                 
     whichever is greater, multiplied by the economic limit factor                                  
     determined for gas production of the lease or property under                                   
     AS 43.55.013. If the amounts calculated under (b) and (c) of this                              
     section are equal, the amount calculated under (b) of this section                             
     shall be treated as if it were the greater for purposes of this                                
     section.                                                                                       
 * Sec. 8. AS 43.55.016(b) is amended to read:                                                    
         (b)  The percentage-of-value amount equals 10 percent of the                               
     gross value at the point of production of the taxable gas produced                             
     from the lease or property in the Cook Inlet sedimentary basin.                            
 * Sec. 9. AS 43.55.016 is amended by adding new subsections to                                   
read:                                                                                               
         (d)  There is levied upon the producer of gas a tax for all gas                            
     produced from each lease or property in the state outside of the                               
     Cook Inlet sedimentary basin, less any gas the ownership or right                              

2006-08-10                     Senate Journal                      Page 3743
     to which is exempt from taxation. The tax is equal to either the                               
     cents-per-Mcf amount calculated under (c) of this section or the                               
     percentage-of-value amount calculated under (e) of this section,                               
     whichever is greater. If the amounts calculated under (c) and (e) of                           
     this section are equal, the amount calculated under (e) of this                                
     section shall be treated as if it were the greater for purposes of this                        
     section.                                                                                       
         (e)  The percentage-of-value amount equals 10 percent of the                               
     gross value at the point of production of the taxable gas produced                             
     from the lease or property in the state outside of the Cook Inlet                              
     sedimentary basin, as adjusted under AS 43.55.022.                                             
 * Sec. 10. AS 43.55 is amended by adding a new section to read:                                  
         Sec. 43.55.022. Production deduction. (a) A producer of oil                              
     subject to tax using the percentage-of-value amount in                                         
     AS 43.55.011(f) and a producer of gas using the percentage-of-                                 
     value amount in AS 43.55.016(e) may take a deduction against the                               
     gross value at the point of production as provided in this section                             
     before applying the percentage-of-value tax rate.                                              
         (b)  Each operating unit in the state may reduce the volume of                             
     taxable oil and gas produced from the operating unit by 7,500                                  
     barrels of oil equivalent for each day during which oil or gas is                              
     produced from the operating unit. The lessees who are producers                                
     having leases within an operating unit shall allocate the reduction                            
     proportionately to the production in barrels of oil equivalent of oil                          
     and gas produced from the unit and to each producer of oil and gas                             
     in proportion to the interest of the producer in the oil and gas                               
     produced from the unit.                                                                        
         (c)  Each producer of oil and each producer of gas may deduct                              
     the value of the producer's pro rata share of the reduction provided                           
     for in (b) of this section from the gross value at the point of                                
     production of oil and the gross value at the point of production of                            
     gas produced from the unit before applying the applicable                                      
     percentage-of-value tax rate.                                                                  
         (d)  The department may adopt regulations providing for the                                
     allocation of the barrels of oil equivalent production deduction                               
     within an operating unit between the oil and gas produced and                                  
     between producers having an interest in the oil and gas produced                               
     from the operating unit.                                                                       
         (e)  In this section,                                                                      
              (1)  "barrel of oil equivalent" means,                                                

2006-08-10                     Senate Journal                      Page 3744
                   (A)  one barrel, in the case of oil;                                             
                   (B)  the amount of gas that has an energy content of                             
         6,000,000 British thermal units, in the case of gas;                                       
              (2)  "operating unit" means all or part of an oil or gas                              
     pool, field, or like area that is the subject of a cooperative or unit                         
     plan adopted or operated that is approved by the commissioner of                               
     natural resources under AS 38.05.180(p).                                                       
 * Sec. 11. AS 43.55.025(a) is amended to read:                                                   
         (a)  Subject to the terms and conditions of this section, on oil                           
     and gas produced on or after July 1, 2004, from an oil and gas                                 
     lease, or on gas produced from a gas only lease, a credit against                              
     the production tax due under this chapter is allowed for                                       
              (1)  exploration expenditures that qualify under (b) of this                      
     section in an amount equal to one of the following:                                            
                   (A)  50 [(1) 20] percent of the total exploration                            
         expenditures that qualify only under (b) and (c) of this                                   
         section;                                                                                   
                   (B)  50 [(2) 20] percent of the total exploration                            
         expenditures for work performed before July 1, 2007, and that                              
         qualify only under (b) and (d) of this section;                                            
                   (C)  60 [(3) 40] percent of the total exploration                            
         expenditures that qualify under (b), (c), and (d) of this section;                         
         or                                                                                         
                   (D)  60 [(4) 40] percent of the total exploration                            
         expenditures that qualify only under (b) and (e) of this                                   
         section; and                                                                           
              (2)  25 percent of the actual expenditures directly                               
     related to the drilling of a development well, excluding                                   
     expenditures related to corporate overhead or for facilities                               
     other than the development well.                                                           
 * Sec. 12. 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,                                               
     AND NOT PART OF A COOK INLET PROSPECT MUST BE                                                  

2006-08-10                     Senate Journal                      Page 3745
     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.                                              
 * Sec. 13. AS 43.55.025(c) is amended to read:                                                   
         (c)  To be eligible for the 50 [20] percent production tax credit                      
     authorized by (a)(1)(A) [(a)(1)] of this section or the 60 [40]                        
     percent production tax credit authorized by (a)(1)(C) [(a)(3)] of                          
     this section, exploration expenditures must                                                    
              (1)  qualify under (b) of this section; and                                           
              (2)  be for an exploration well, subject to the following:                            
                   (A)  for an exploration well other than a well that is                           
         described in (B) of this paragraph, the well must be located                               
         and drilled in such a manner that the bottom hole is located                               
         not less than three miles away from the bottom hole of a                                   
         preexisting suspended, completed, or abandoned oil or gas                                  
         well; in this subparagraph, "preexisting" means a well that                                
         was spudded more than 150 days but less than 35 years before                               
         the exploration well was spudded;                                                          

2006-08-10                     Senate Journal                      Page 3746
                   (B)  for an exploration well that explores a Cook Inlet                          
         prospect, the well must be located at least three miles from                               
         any other well drilled for oil and gas with all distances                                  
         measured as the horizontal distance between exploration                                    
         targets, except that the exploration well that is located within                           
         three miles of a well drilled for oil and gas qualifies for the                            
         tax credit authorized by this subsection if the exploration well                           
         tests potential hydrocarbon traps that the commissioner of                                 
         natural resources determines, after analyzing evidence                                     
         submitted by the explorer and from other information that the                              
         commissioner of natural resources determines relevant,                                     
         constitute a distinctly separate exploration target.                                       
 * Sec. 14. AS 43.55.025(d) is amended to read:                                                   
         (d)  To be eligible for the 50 [20] percent production tax                             
     credit authorized by (a)(1)(B) [(a)(2)] of this section or the 60 [40]                 
     percent production tax credit authorized by (a)(1)(C) [(a)(3)] of                          
     this section, an exploration expenditure must                                                  
              (1)  qualify under (b) of this section; and                                           
              (2)  be for an exploration well that is located not less than                         
     25 miles outside of the outer boundary, as delineated on July 1,                               
     2003, of any unit that is under a plan of development, except that                             
     for an exploration well for a Cook Inlet prospect to qualify under                             
     this paragraph, the exploration well must be located not less than                             
     10 miles outside the outer boundary, as delineated on July 1, 2003,                            
     of any unit that is under a plan of development.                                               
 * Sec. 15. AS 43.55.025(e) is amended to read:                                                   
         (e)  To be eligible for the 60 [40] percent production tax credit                      
     authorized by (a)(1)(D) [(a)(4)] of this section, the exploration                          
     expenditure must                                                                               
              (1)  qualify under (b) of this section;                                               
              (2)  be for seismic exploration; and                                                  
              (3)  have been conducted outside the boundaries of a                                  
     production unit or an exploration unit; however, the amount of the                             
     expenditure that is otherwise eligible under this subsection is                                
     reduced proportionately by the portion of the seismic exploration                              
     activity that crossed into a production unit or an exploration unit.                           
 * Sec. 16. AS 43.55.025(f) is amended to read:                                                   
         (f)  For a production tax credit under this section,                                       
              (1)  an explorer or person drilling a development well                            
     shall, in a form prescribed by the department and within six                                   

2006-08-10                     Senate Journal                      Page 3747
     months of the completion of the exploration activity or the                                
     development well, claim the credit and submit information                                  
     sufficient to demonstrate to the department's satisfaction that the                            
     claimed exploration expenditures and development well                                      
     expenditures qualify under this section;                                                       
              (2)  an explorer shall agree, in writing,                                             
                   (A)  to notify the Department of Natural Resources,                              
         within 30 days after completion of seismic or geophysical                                  
         data processing, completion of a well, or filing of a claim for                            
         credit, whichever is the latest, for which exploration costs are                           
         claimed, of the date of completion and submit a report to that                             
         department describing the processing sequence and providing                                
         a list of data sets available; if, under (c)(2)(B) of this section,                        
         an explorer submits a claim for a credit for expenditures for                              
         an exploration well that is located within three miles of a well                           
         already drilled for oil and gas, in addition to the submissions                            
         required under (1) of this subsection, the explorer shall submit                           
         the information necessary for the commissioner of natural                                  
         resources to evaluate the validity of the explorer's claim that                            
         the well is directed at a distinctly separate exploration target,                          
         and the commissioner of natural resources shall, upon receipt                              
         of all evidence sufficient for the commissioner to evaluate the                            
         explorer's claim, make that determination within 60 days;                                  
                   (B)  to provide to the Department of Natural                                     
         Resources, within 30 days after the date of a request, specific                            
         data sets, ancillary data, and reports identified in (A) of this                           
         paragraph;                                                                                 
                   (C)  that, notwithstanding any provision of AS 38,                               
         information provided under this paragraph will be held                                     
         confidential by the Department of Natural Resources for 10                                 
         years following the completion date, at which time that                                    
         department will release the information after 30 days' public                              
         notice;                                                                                    
              (3)  if more than one person [EXPLORER] holds an                                  
     interest in a well, [OR] seismic exploration, or development well                      
     each person [EXPLORER] may claim an amount of credit that is                               
     proportional to the [EXPLORER'S] cost incurred by that person;                             
              (4)  the department may exercise the full extent of its                               
     powers as though the explorer or the person drilling a                                     
     development well were a taxpayer under this title, in order to                             

2006-08-10                     Senate Journal                      Page 3748
     verify that the claimed expenditures are qualified exploration                                 
     expenditures or development well expenditures under this                                   
     section; and                                                                                   
              (5)  if the department is satisfied that the [EXPLORER'S]                             
     claimed expenditures are qualified under this section, the                                     
     department shall issue to the explorer or person drilling a                                
     development well a production tax credit certificate for the                               
     amount of credit to be allowed against production taxes due under                              
     this chapter; however, notwithstanding any other provision of this                             
     section, the department may not issue [TO AN EXPLORER] a                                       
     production tax credit certificate under this section if the total of                       
     production tax credits submitted for Cook Inlet production, based                              
     on exploration expenditures and development well expenditures                              
     for work performed during the period described in (b) of this                                  
     section for that production, that have been approved by the                                    
     department exceeds $20,000,000.                                                                
 * Sec. 17. AS 43.55.025(g) is amended to read:                                                   
         (g)  A person receiving a production tax credit certificate                            
     under this section [AN EXPLORER] may transfer, convey, or                                  
     sell its production tax credit certificate to any person, and any                              
     person who receives a production tax credit certificate may also                               
     transfer, convey, or sell the certificate.                                                     
 * Sec. 18. AS 43.55.025(j) is amended to read:                                                   
         (j)  Notwithstanding any other provision of this title, of                                 
     AS 31.05, or of AS 40.25.100, the department shall provide to the                              
     Department of Natural Resources information submitted with a                                   
     claim under this section to support the eligibility of an exploration                          
     expenditure or development well expenditure, including seismic                             
     exploration data and well data, and any information described in                               
     (f)(2) of this section received by the department.                                             
 * Sec. 19. AS 43.55.025(k) is amended by adding a new paragraph to                               
read:                                                                                               
              (4)  "development well" means a well drilled to a known                               
     producing formation in a previously discovered field."                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 23, line 23, through page 34, line 25:                                                         
     Delete all material.                                                                           
                                                                                                    

2006-08-10                     Senate Journal                      Page 3749
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 34, line 26:                                                                                   
     Delete "AS 43.55.201"                                                                          
     Insert "AS 43.55.201(a)"                                                                       
                                                                                                    
Page 34, line 27:                                                                                   
     Delete "Sec. 43.55.201. Surcharge levied."                                                   
                                                                                                    
Page 34, line 30, through page 35, line 12:                                                         
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 35, line 13:                                                                                   
     Delete "AS 43.55.300"                                                                          
     Insert "AS 43.55.300(a)"                                                                       
                                                                                                    
Page 35, line 14:                                                                                   
     Delete "Sec. 43.55.300. Surcharge levied."                                                   
                                                                                                    
Page 35, line 17, through page 35, line 30:                                                         
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 36, line 11, through page 41, line 27:                                                         
     Delete all material and insert:                                                                
"* Sec. 24. AS 43.55.900 is amended by adding a new paragraph to                                  
read:                                                                                               
              (17)  "Cook Inlet sedimentary basin" has the meaning                                  
     given in regulations to implement AS 38.05.180(f)(4).                                          
 * Sec. 25. The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
     TRANSITIONAL PROVISIONS. Notwithstanding any contrary                                          
provision of AS 43.55.201(a), as amended by sec. 21 of this Act, or                                 
AS 43.55.300(a), as amended by sec. 22 of this Act, for oil produced                                
after March 31, 2006, and before January 1, 2007,                                                   
              (1)  the amount of the surcharges that would have been                                
     imposed on the producer under AS 43.55, as the provisions of that                              

2006-08-10                     Senate Journal                      Page 3750
     chapter read on March 31, 2006, is due on the last day of each                                 
     calendar month on oil produced from each lease or property                                     
     during the preceding month;                                                                    
              (2)  the amount, if any, of the surcharges imposed under                              
     AS 43.55.201(a), as amended by sec. 21 of this Act, and                                        
     AS 43.55.300(a), as amended by sec. 22 of this Act, that exceeds                               
     the amount due under (1) of this subsection, is due on March 31,                               
     2007.                                                                                          
 * Sec. 26. The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
     RETROACTIVITY. Sections 2 - 19 and 21 - 24 of this Act are                                     
retroactive to April 1, 2006, and apply to oil and gas produced after                               
March 31, 2006.                                                                                     
 * Sec. 27. This Act takes effect immediately under AS 01.10.070(c)."                             
                                                                                                    
The presence of Senator Therriault was noted.                                                       
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 1. Senator                                    
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 3001(NGD)                                                                                  
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  7   NAYS:  12   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Dyson, Green, Hoffman, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Absent:  Cowdery                                                                                    
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 3001(NGD) was                                                   
automatically in third reading.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2006-08-10                     Senate Journal                      Page 3751
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senators French, Guess, Ellis, Elton offered Amendment No. 2 :                                       
                                                                                                    
Page 3, line 5:                                                                                     
     Delete "or gas"                                                                                
     Delete "and gas"                                                                               
                                                                                                    
Page 3, line 6:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 3, line 8:                                                                                     
     Delete "and (k)"                                                                               
                                                                                                    
Page 3, lines 9 - 10:                                                                               
     Delete "and gas"                                                                               
                                                                                                    
Page 3, line 12:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 3:                                                                                     
     Delete "or gas"                                                                                
                                                                                                    
Page 4, line 4:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 5:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 6:                                                                                     
     Delete "and (k)"                                                                               
                                                                                                    
Page 4, line 9:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 12:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    

2006-08-10                     Senate Journal                      Page 3752
Page 4, line 16:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 18:                                                                                    
     Delete "and gas"                                                                               
     Delete ", in BTU equivalent barrels"                                                           
                                                                                                    
Page 4, line 20:                                                                                    
     Delete "or gas"                                                                                
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 22:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 4, lines 27 - 28:                                                                              
     Delete all material.                                                                           
                                                                                                    
Renumber the following paragraph accordingly.                                                       
                                                                                                    
Page 4, line 30:                                                                                    
     Delete "or (2)"                                                                                
                                                                                                    
Page 5, line 2:                                                                                     
     Delete "and (2)"                                                                               
                                                                                                    
Page 5, line 3:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 5, lines 4 - 22:                                                                               
     Delete all material.                                                                           
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Page 6, line 11:                                                                                    
     Delete "or (k)"                                                                                
                                                                                                    
Page 6, line 12:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
                                                                                                    

2006-08-10                     Senate Journal                      Page 3753
Page 6, line 16, through page 7, line 16:                                                           
     Delete all material and insert:                                                                
"* Sec. 6. AS 43.55.013(j) is amended to read:                                                    
         (j) The department may aggregate two or more leases or                                     
     properties (or portions of them), for purposes of determining the                          
     economic limit factor [FACTORS] under this section and                                     
     applying it [THEM] to [AS 43.55.011 OR] AS 43.55.016, when                                 
     economically interdependent [OIL OR] gas production operations                                 
     are not confined to a single lease or property. The department may                             
     also segregate a lease or property into two or more parts, for                                 
     purposes of determining the economic limit factor [FACTORS]                            
     under this section and applying it [THEM] under [AS 43.55.011                              
     OR] AS 43.55.016, when two or more economically independent                                    
     [OIL OR] gas production operations are being conducted on it [,                                
     OR WHEN OLD CRUDE OIL IS PRODUCED FROM THE                                                     
     SAME LEASE OR PROPERTY AS OTHER OIL]."                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, line 27, following "(a)":                                                                   
     Insert "The production tax on gas shall be paid monthly. The tax                               
on gas is due on the 20th day of each calendar month on gas produced                                
from each lease or property during the preceding month. If the tax on                               
gas is not paid before the end of the month in which it becomes due,                                
the tax becomes delinquent."                                                                        
                                                                                                    
Page 8, line 11:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 8, lines 19 - 20:                                                                              
     Delete "the sum of"                                                                            
                                                                                                    
Page 8, line 21:                                                                                    
     Delete "(A)"                                                                                   
                                                                                                    
Page 8, line 24:                                                                                    
     Delete "plus"                                                                                  
                                                                                                    
Page 8, lines 25 - 28:                                                                              
     Delete all material.                                                                           
                                                                                                    

2006-08-10                     Senate Journal                      Page 3754
Page 9, line 3:                                                                                     
     Delete "and [OR]"                                                                          
     Insert "or"                                                                                    
                                                                                                    
Page 9, line 6:                                                                                     
     Delete "and"                                                                               
     Insert "or"                                                                                
                                                                                                    
Page 9, line 7, following "AS 43.55.011":                                                       
     Insert "or 43.55.016"                                                                      
                                                                                                    
Page 9, line 8:                                                                                     
     Delete "and [OR]"                                                                          
     Insert "or"                                                                                    
                                                                                                    
Page 9, line 10, following "tax":                                                               
     Insert "on oil and monthly payments of tax on gas"                                         
                                                                                                    
Page 9, line 14:                                                                                    
     Delete "and gas"                                                                           
                                                                                                    
Page 9, line 15:                                                                                    
     Delete "and gas"                                                                           
                                                                                                    
Page 9, line 17:                                                                                    
     Delete "and gas"                                                                           
                                                                                                    
Page 9, line 22:                                                                                    
     Delete "and gas"                                                                           
                                                                                                    
Page 9, line 25, through page 10, line 1:                                                           
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 11, line 14:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 13, line 10:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    

2006-08-10                     Senate Journal                      Page 3755
Page 13, line 17:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 13, line 18:                                                                                   
     Delete "BTU equivalent"                                                                        
                                                                                                    
Page 15, line 10:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 16, line 17:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 16, line 26:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 16, line 29:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 17, line 5:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 17, line 6:                                                                                    
     Delete "BTU equivalent"                                                                        
                                                                                                    
Page 17, line 8:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 17, line 9:                                                                                    
     Delete "BTU equivalent"                                                                        
                                                                                                    
Page 17, line 11:                                                                                   
     Delete "BTU equivalent"                                                                        
                                                                                                    
Page 17, line 15:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 17, line 16:                                                                                   
     Delete "in BTU equivalent barrels"                                                             
                                                                                                    
                                                                                                    

2006-08-10                     Senate Journal                      Page 3756
Page 17, line 20:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 17, line 22:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 18, line 2:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 18, line 24, following "AS 43.55.011(e) or (f)":                                           
     Insert "or 43.55.016"                                                                      
                                                                                                    
Page 20, line 30, following "AS 43.55.011(e) or (f)":                                           
     Insert "or 43.55.016"                                                                      
                                                                                                    
Page 21, line 9, following "AS 43.55.011(e) or (f)":                                            
     Insert "or 43.55.016"                                                                      
                                                                                                    
Page 21, line 18, following "AS 43.55.011(e) or (f)":                                           
     Insert "or 43.55.016, as applicable,"                                                      
                                                                                                    
Page 21, line 21, following "AS 43.55.011(e) or (f)":                                           
     Insert "or 43.55.016, as applicable,"                                                      
                                                                                                    
Page 21, line 23, following "AS 43.55.011(e) or (f)":                                           
     Insert "or 43.55.016, as applicable,"                                                      
                                                                                                    
Page 22, line 2:                                                                                    
     Delete "and [OR] gas were [WAS]"                                                       
     Insert "or gas was"                                                                            
                                                                                                    
Page 22, line 7:                                                                                    
     Delete "and gas"                                                                           
     Insert "or gas, as applicable,"                                                            
                                                                                                    
Page 22, line 9:                                                                                    
     Delete "and of the [OR] gas"                                                               
     Insert ", or the total value of the gas, as applicable,"                           
                                                                                                    
                                                                                                    

2006-08-10                     Senate Journal                      Page 3757
Page 22, line 12:                                                                                   
     Delete "and for the [OR]"                                                                  
     Insert "or"                                                                                    
                                                                                                    
Page 24, line 15:                                                                                   
     Delete "and gas"                                                                             
                                                                                                    
Page 24, line 18:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 24, line 20:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 24, line 23:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 24, line 25:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 24, line 28:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 24, lines 30 - 31:                                                                             
     Delete "and gas"                                                                               
                                                                                                    
Page 25, lines 8 - 13:                                                                              
     Delete all material.                                                                           
                                                                                                    
Page 25, line 15:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 25, line 17:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 25, line 20:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 25, line 22:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    

2006-08-10                     Senate Journal                      Page 3758
Page 25, line 25:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 25, lines 27 - 28:                                                                             
     Delete "and gas"                                                                               
                                                                                                    
Page 26, line 4:                                                                                    
     Delete ";"                                                                                     
     Insert "."                                                                                     
                                                                                                    
Page 26, lines 5 - 10:                                                                              
     Delete all material.                                                                           
                                                                                                    
Page 26, line 15:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 26, line 19:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 27, line 2:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 27, line 8:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 27, line 10:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 27, line 12:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 28, line 4:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 28, line 7:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 28, line 9:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    

2006-08-10                     Senate Journal                      Page 3759
Page 28, line 16:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 29, line 4:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 29, line 13:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 29, line 28:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 30, line 1:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 30, line 30:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 30, line 31, through page 31, line 1:                                                          
     Delete "and gas production, in barrels of oil equivalent,"                                     
     Insert "production"                                                                            
                                                                                                    
Page 31, line 3:                                                                                    
     Delete "and gas production, in barrels of oil equivalent,"                                     
     Insert "production"                                                                            
                                                                                                    
Page 31, lines 10 - 12:                                                                             
     Delete all material.                                                                           
                                                                                                    
Page 31, line 23:                                                                                   
     Delete ", in BTU equivalent barrels,"                                                          
                                                                                                    
Page 31, line 27:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 32, line 3:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 32, line 4:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    

2006-08-10                     Senate Journal                      Page 3760
Page 32, line 5:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 32, lines 7 - 11:                                                                              
     Delete all material and insert:                                                                
         "(h)  If a cost that would otherwise constitute a lease                                    
     expenditure under this section is incurred to explore for, develop,                            
     or produce both oil and gas, the department shall allocate the cost                            
     between oil and gas to determine the amount applicable to oil and                              
     deductible under this section by (1) a ratio of the volume of oil                              
     production to the volume of gas production in barrels of oil                                   
     equivalent for the applicable lease or property, (2) the                                       
     predominant purpose of the expenditure between oil and gas, or                                 
     (3) other reasonable allocation methods to determine the portion                               
     of the cost that is appropriately treated as a lease expenditure for                           
     oil under this section. In this subsection, "barrels of oil equivalent"                        
     means 6,000 cubic feet of gas."                                                                
                                                                                                    
Page 32, line 23:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 33, line 7:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 33, line 22:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 33, line 26:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 34, line 6:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 36, lines 15 - 16:                                                                             
     Delete all material and insert:                                                                
                   "(B)  for gas                                                                    
                       (i)  recovered from or in association with oil, the                          
              value of the gas at the point where it is accurately metered                          
              or measured after separation from the oil; for gas run                                
              through a gas processing plant, the gross value at the                                

2006-08-10                     Senate Journal                      Page 3761
              point of production is the full consideration received by                             
              the producer for the gas if sold in an arm's length                                   
              transaction or, in the absence of an arm's length                                     
              transaction, is the sum of the value of the liquids                                   
              extracted from the gas at the plant and the value of the                              
              residue gas, less a reasonable allowance for processing                               
              the gas at the plant and for transporting the gas to the                              
              plant from the premises on which the oil production                                   
              operation is conducted; and                                                           
                       (ii)  not recovered from or in association with oil,                         
              the value of the gas at the point where it is accurately                              
              metered or measured or the value of the gas at the point                              
              of sale, if any, on the premises of the lease or property                             
              from which the gas is recovered, whichever is the higher                              
              value; for gas run through a gas processing plant, the                                
              gross value at the point of production is the full                                    
              consideration received by the producer for the gas if sold                            
              in an arm's length transaction or, in the absence of an                               
              arm's length transaction, is the sum of the value of the                              
              liquids extracted from the gas at the plant and the value of                          
              the residue gas, less a reasonable allowance for                                      
              processing the gas at the plant and for transporting the gas                          
              to the plant from the point where it was accurately                                   
              metered or measured;"                                                                 
                                                                                                    
Page 36, lines 23 - 29:                                                                             
     Delete all material.                                                                           
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 37, lines 28 - 29:                                                                             
     Delete all material.                                                                           
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 38, line 9:                                                                                    
     Delete "(A) for oil,"                                                                          
                                                                                                    
Page 38, line 16:                                                                                   
     Delete ";"                                                                                     
     Insert "."                                                                                     
                                                                                                    

2006-08-10                     Senate Journal                      Page 3762
Page 38, lines 17 - 30:                                                                             
     Delete all material.                                                                           
                                                                                                    
Page 38, line 31:                                                                                   
     Delete "43.55.013, 43.55.016"                                                                  
     Insert "43.55.013(b), 43.55.013(d)"                                                            
                                                                                                    
Page 39, line 5:                                                                                    
     Delete "5, 7 - 10, 12 - 14, 16 - 20, 24, and 26 - 34"                                          
     Insert "5, 8 - 10, 12 - 14, 16 - 20, 24, and 26 - 34"                                          
                                                                                                    
Page 39, line 13:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 39, line 20:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 39, line 24:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 39, line 30:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 40, line 30:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 40, line 31:                                                                                   
     Delete "AS 43.55.160(a)(2)(A) - (D)"                                                           
     Insert "AS 43.55.160(a)(2)(A) - (C)"                                                           
                                                                                                    
Page 41, lines 6 - 7:                                                                               
     Delete "5, 7 - 10, 12 - 14, 16 - 20, 24 - 34, and 36"                                          
     Insert "5, 8 - 10, 12 - 14, 16 - 20, 24 - 34, and 36"                                          
                                                                                                    
Page 41, lines 10 - 22:                                                                             
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    

2006-08-10                     Senate Journal                      Page 3763
Page 41, lines 25 - 26:                                                                             
     Delete "5, 7 - 10, 12 - 14, 16 - 20, and 24 - 36"                                              
     Insert "5, 8 - 10, 12 - 14, 16 - 20, and 24 - 36"                                              
                                                                                                    
Senator French moved for the adoption of Amendment No. 2. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 3001(NGD)                                                                                  
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  7   NAYS:  12   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Dyson, Green, Hoffman, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Absent:  Cowdery                                                                                    
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 3001(NGD) was                                                   
automatically in third reading.                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 3001(NGD) "An Act relating to the production tax on oil and gas                                 
and to conservation surcharges on oil; relating to criminal penalties for                           
violating conditions governing access to and use of confidential                                    
information relating to the production tax; amending the definition of                              
'gas' as that definition applies in the Alaska Stranded Gas                                         
Development Act; making conforming amendments; and providing for                                    
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-08-10                     Senate Journal                      Page 3764
SCS CSHB 3001(NGD)                                                                                  
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Davis, Dyson, Green, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken                                      
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Therriault                                                      
                                                                                                    
Absent:  Cowdery                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 3001(NGD)                                               
passed the Senate.                                                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Senator Guess objected.                                                                
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 3001(NGD)                                                                                  
Effective Date Clause                                                                               
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                     
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Cowdery                                                                                    
                                                                                                    
and so, the effective date clause was adopted and the bill was referred                             
to the Secretary for engrossment.