Legislature(2005 - 2006)

2006-04-25 Senate Journal

Full Journal pdf

2006-04-25                     Senate Journal                      Page 2911
SB 305                                                                                            
Senator French requested that the reconsideration on CS FOR                                         
SENATE BILL NO. 305(FIN) am "An Act repealing the oil                                               
production tax and the gas production tax and providing for a                                       
production tax on oil and gas; relating to the calculation of the gross                             
value at the point of production of oil and gas and to the determination                            
of the value of oil and gas for purposes of the production tax on oil                               
and gas; providing for tax credits against the production tax on oil and                            
gas; relating to the relationship of the production tax on oil and gas to                           
other taxes, to the dates those tax payments and surcharges are due, to                             
interest on overpayments of the tax, and to the treatment of the tax in a                           
producer's settlement with the royalty owners; relating to flared gas,                              
and to oil and gas used in the operation of a lease or property under the                           
production tax; relating to the prevailing value of oil and gas under the                           
production tax; relating to surcharges on oil; relating to statements or                            
other information required to be filed with or furnished to the                                     
Department of Revenue, to the penalty for failure to file certain reports                           
for the tax, to the powers of the Department of Revenue, and to the                                 
disclosure of certain information required to be furnished to the                                   
Department of Revenue as applicable to the administration of the tax;                               
relating to criminal penalties for violating conditions governing access                            
to and use of confidential information relating to the tax, and to the                              
deposit of tax money collected by the Department of Revenue;                                        
amending the definitions of 'gas,' 'oil,' and certain other terms for                               
purposes of the production tax, and as the definition of the term 'gas'                             
applies in the Alaska Stranded Gas Development Act, and adding                                      
further definitions; making conforming amendments; and providing                                    
for an effective date" be taken up. The bill was before the Senate on                               
reconsideration.                                                                                    
                                                                                                    
Senator Wagoner moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 7.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Wagoner offered Amendment No. 7 :                                                            
                                                                                                    

2006-04-25                     Senate Journal                      Page 2912
Page 4, line 23:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 7.                                          
Senator Gary Stevens objected.                                                                      
                                                                                                    
Senator Wagoner moved and asked unanimous consent for the                                           
adoption of the following amendment to Amendment No. 7:                                             
                                                                                                    
Page 4, line 20, following "gross value at the":                                                    
 Insert "point of"                                                                                  
                                                                                                    
Without objection, Amendment No. 7 was amended.                                                     
                                                                                                    
Senator Gary Stevens withdrew his objection.                                                        
                                                                                                    
There being no further objection, Amendment No. 7 as amended was                                    
adopted.                                                                                            
                                                                                                    
CS FOR SENATE BILL NO. 305(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
Senator Guess moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 8A.                                   
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Guess offered Amendment No. 8 A:                                                             
                                                                                                    
Page 3, line 29, following "oil":                                                                   
     Delete "that is"                                                                               
     Insert "and gas"                                                                               
                                                                                                    
Page 3, line 30, following "AS 38.05.180(f)(4),":                                                   
     Insert "and in the Bristol Bay, Copper River, and Nenana basins,"                              
                                                                                                    
Page 3, line 31, following "oil":                                                                   
     Insert "and gas"                                                                               
                                                                                                    
Page 4, line 1, following "oil":                                                                    
     Insert "and gas"                                                                               
                                                                                                    

2006-04-25                     Senate Journal                      Page 2913
Page 5, following line 19:                                                                          
     Insert a new subsection to read:                                                               
            "(i)  In (e)(1) of this section,                                                        
                 (1)  "Bristol Bay basin" means the area included within                            
          the following subdivisions of the public land rectangular                                 
          survey system in this state:                                                              
                       (A)  Township 17 South, Ranges 44 West - 58                                  
                   West, Seward Meridian;                                                           
                       (B)  Township 18 South, Ranges 44 West - 58                                  
                   West, Seward Meridian;                                                           
                       (C)  Township 19 South, Ranges 44 West - 58                                  
                   West, Seward Meridian;                                                           
                       (D)  Township 20 South, Ranges 45 West - 61                                  
                   West, Seward Meridian;                                                           
                       (E)  Township 21 South, Ranges 46 West - 54                                  
                   West, Seward Meridian;                                                           
                       (F)  Township 21 South, Ranges 57 West - 61                                  
                   West, Seward Meridian;                                                           
                       (G)  Township 22 South, Ranges 47 West - 53                                  
                   West, Seward Meridian;                                                           
                       (H)  Township 22 South, Ranges 58 West - 61                                  
                   West, Seward Meridian;                                                           
                       (I)  Township 23 South, Ranges 47 West - 52                                  
                   West, Seward Meridian;                                                           
                       (J)  Township 24 South, Ranges 47 West - 52                                  
                   West, Seward Meridian;                                                           
                       (K)  Township 25 South, Ranges 47 West - 52                                  
                   West, Seward Meridian;                                                           
                       (L)  Township 26 South, Ranges 47 West - 53                                  
                   West, Seward Meridian;                                                           
                       (M)  Township 27 South, Ranges 47 West - 53                                  
                   West, Seward Meridian;                                                           
                       (N)  Township 28 South, Ranges 48 West - 53                                  
                   West, Seward Meridian;                                                           
                       (O)  Township 29 South, Ranges 48 West - 54                                  
                   West, Seward Meridian;                                                           
                       (P)  Township 30 South, Ranges 48 West - 55                                  
                   West, Seward Meridian;                                                           
                       (Q)  Township 31 South, Ranges 49 West - 56                                  
                   West, Seward Meridian;                                                           

2006-04-25                     Senate Journal                      Page 2914
                              (R)  Township 32 South, Ranges 51 West -                              
                   57 West, Seward Meridian;                                                        
                              (S)  Township 33 South, Ranges 52 West -                              
                   58 West, Seward Meridian;                                                        
                              (T)  Township 34 South, Ranges 53 West -                              
                   59 West, Seward Meridian;                                                        
                              (U)  Township 35 South, Ranges 51 West -                              
                   59 West, Seward Meridian;                                                        
                              (V)  Township 36 South, Ranges 51 West -                              
                   52 West, Seward Meridian;                                                        
                              (W)  Township 36 South, Ranges 55 West -                              
                   60 West, Seward Meridian;                                                        
                              (X)  Township 37 South, Ranges 57 West -                              
                   62 West, Seward Meridian;                                                        
                              (Y)  Township 38 South, Ranges 58 West -                              
                   63 West, Seward Meridian;                                                        
                              (Z)  Township 39 South, Ranges 59 West -                              
                   64 West, Seward Meridian;                                                        
                              (AA)  Township 40 South, Ranges 59 West                               
                   - 65 West, Seward Meridian;                                                      
                              (BB)  Township 41 South, Ranges 63 West                               
                   - 68 West, Seward Meridian;                                                      
                              (CC)  Township 42 South, Ranges 63 West                               
                   - 69 West, Seward Meridian;                                                      
                              (DD)  Township 43 South, Ranges 65 West                               
                   - 70 West, Seward Meridian;                                                      
                              (EE)  Township 44 South, Ranges 65 West                               
                   - 71 West, Seward Meridian;                                                      
                              (FF)  Township 45 South, Ranges 67 West -                             
                   72 West, Seward Meridian;                                                        
                              (GG)  Township 46 South, Ranges 68 West                               
                   - 73 West, Seward Meridian;                                                      
                              (HH)  Township 47 South, Ranges 69 West                               
                   - 78 West, Seward Meridian;                                                      
                              (II)  Township 48 South, Ranges 70 West -                             
                   81 West, Seward Meridian;                                                        
                              (JJ)  Township 49 South, Ranges 70 West -                             
                   83 West, Seward Meridian;                                                        
                              (KK)  Township 50 South, Ranges 71 West                               
                   - 84 West, Seward Meridian;                                                      

2006-04-25                     Senate Journal                      Page 2915
                        (LL)  Township 51 South, Ranges 71 West - 85                                
                   West, Seward Meridian;                                                           
                        (MM)  Township 52 South, Ranges 74 West - 75                                
                   West, Seward Meridian;                                                           
                        (NN)  Township 52 South, Ranges 79 West - 86                                
                   West, Seward Meridian;                                                           
                        (OO)  Township 53 South, Ranges 85 West - 87                                
                   West, Seward Meridian;                                                           
                        (PP)  Township 54 South, Ranges 85 West - 87                                
                   West, Seward Meridian;                                                           
              (2)  "Copper River basin" means the Copper River basin                                
          oil and gas exploration license study area, as identified in a                            
          July 2000 oil and gas exploration license notice issued by the                            
          Department of Natural Resources under AS 38.05.945(a),                                    
          located between Townships 6 North and 1 North, Copper                                     
          River Meridian, and between the Copper River and the west                                 
          boundary of Range 9 West, Copper River Meridian;                                          
              (3)  "Nenana basin" means the land that is more                                       
          specifically described in ADL 0390079, a reference to the file                            
          number assigned as an identifier by the division exercising the                           
          authority and duties of the division of lands, Department of                              
          Natural Resources, under AS 38.05, as that description reads                              
          on the effective date of this paragraph, and that is coextensive                          
          with or is part of the following subdivisions of the public land                          
          rectangular survey system in this state:                                                  
                       (A)  Township 2 North, Range 6 West, Fairbanks                               
                  Meridian                                                                          
     Sections 13 - 36;                                                                              
                       (B)  Township 2 North, Range 7 West, Fairbanks                               
                  Meridian                                                                          
     Sections 13 - 36;                                                                              
                       (C)  Township 2 North, Range 8 West, Fairbanks                               
                  Meridian                                                                          
     Sections 13 - 36;                                                                              
                       (D)  Township 2 North, Range 9 West, Fairbanks                               
                  Meridian                                                                          
     Sections 13 - 17 and 19 - 36;                                                                  
                       (E)  Township 2 North, Range 10 West, Fairbanks                              
                  Meridian                                                                          
     Sections 25, 26, 35, and 36;                                                                   

2006-04-25                     Senate Journal                      Page 2916
                       (F)  Township 1 North, Range 7 West, Fairbanks                               
                  Meridian                                                                          
          Sections 1 - 12, 14 - 23, 25 - 36;                                                        
                       (G)  Township 1 North, Range 8 West, Fairbanks                               
                  Meridian;                                                                         
                       (H)  Township 1 North, Range 9 West, Fairbanks                               
                  Meridian;                                                                         
                       (I)  Township 1 North, Range 10 West, Fairbanks                              
                  Meridian                                                                          
          Sections 1, 2, 11 - 14, 23 - 26, 35, and 36;                                              
                       (J)  Township 1 South, Range 7 West, Fairbanks                               
                  Meridian                                                                          
          Sections 2 - 23 and 26 - 35;                                                              
                       (K)  Township 1 South, Range 8 West, Fairbanks                               
                  Meridian;                                                                         
                       (L)  Township 1 South, Range 9 West, Fairbanks                               
                  Meridian;                                                                         
                       (M)  Township 1 South, Range 10 West,                                        
                  Fairbanks Meridian                                                                
          Sections 1 - 3, 10 - 15, 22 - 27, and 34 - 36;                                            
                       (N)  Township 2 South, Range 7 West, Fairbanks                               
                  Meridian                                                                          
          Sections 4 - 9, 16 - 21, 29 - 32;                                                         
                       (O)  Township 2 South, Range 8 West, Fairbanks                               
                  Meridian;                                                                         
                       (P)  Township 2 South, Range 9 West, Fairbanks                               
                  Meridian;                                                                         
                       (Q)  Township 2 South, Range 10 West, Fairbanks                              
                  Meridian                                                                          
          Sections 1 - 3, 10 - 15, 22 - 27, and 33 - 36;                                            
                       (R)  Township 3 South, Range 8 West, Fairbanks                               
                  Meridian;                                                                         
                       (S)  Township 3 South, Range 9 West, Fairbanks                               
                  Meridian;                                                                         
                       (T)  Township 3 South, Range 10 West, Fairbanks                              
                  Meridian                                                                          
          Sections 1 - 4, 9 - 16, 21 - 28, and 33 - 36;                                             
                       (U)  Township 4 South, Range 8 West, Fairbanks                               
                  Meridian                                                                          
          Sections 4 - 9, 16 - 21, and 28 - 32;                                                     

2006-04-25                     Senate Journal                      Page 2917
                       (V)  Township 4 South, Range 9 West, Fairbanks                               
                  Meridian;                                                                         
                       (W)  Township 4 South, Range 10 West,                                        
                  Fairbanks Meridian                                                                
       Sections 1 - 4, 9 - 16, and 19 - 36;                                                         
                       (X)  Township 4 South, Range 11 West, Fairbanks                              
                  Meridian                                                                          
       Sections 19 - 36;                                                                            
                       (Y)  Township 4 South, Range 12 West, Fairbanks                              
                  Meridian                                                                          
       Sections 23 - 26 and 33 - 36;                                                                
                       (Z)  Township 5 South, Range 9 West, Fairbanks                               
                  Meridian                                                                          
       Sections 2 - 11, 15 - 20, and 29 - 32;                                                       
                       (AA)  Township 5 South, Range 10 West,                                       
                  Fairbanks Meridian;                                                               
                       (BB)  Township 5 South, Range 11 West,                                       
                  Fairbanks Meridian;                                                               
                       (CC)  Township 5 South, Range 12 West,                                       
                  Fairbanks Meridian;                                                               
                       (DD)  Township 6 South, Range 10 West,                                       
                  Fairbanks Meridian                                                                
       Sections 2 - 11, 14 - 23, and 26 - 35;                                                       
                       (EE)  Township 6 South, Range 11 West,                                       
                  Fairbanks Meridian;                                                               
                       (FF)  Township 6 South, Range 12 West,                                       
                  Fairbanks Meridian                                                                
       Sections 1 - 12;                                                                             
                       (GG)  Township 7 South, Range 10 West,                                       
                  Fairbanks Meridian                                                                
       Sections 2 - 11;                                                                             
                       (HH)  Township 7 South, Range 11 West,                                       
                  Fairbanks Meridian                                                                
       Sections 1 - 12"                                                                             
                                                                                                    
Page 19, line 10 - 11:                                                                              
     Delete "one-third of the gross value at the point of production of                             
the"                                                                                                
                                                                                                    
Page 25, line 16, following "oil":                                                                  
     Insert "and gas"                                                                               

2006-04-25                     Senate Journal                      Page 2918
Page 25, line 23, following "oil":                                                                  
     Insert "and gas"                                                                               
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 8A. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 8A be adopted?" The roll                                   
was taken with the following result:                                                                
                                                                                                    
CSSB 305(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 8A                                                                                    
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 8A failed.                                                                    
                                                                                                    
CS FOR SENATE BILL NO. 305(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 8B.                                   
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 8 B:                                                            
                                                                                                    
Page 1, line 1:                                                                                     
     Delete "and the gas production tax"                                                          
                                                                                                    
Page 1, line 2:                                                                                     
     Delete "and gas"                                                                             
                                                                                                    
Page 1, line 3, following "value of oil":                                                         
     Delete "and gas"                                                                             
                                                                                                    
Page 1, line 4:                                                                                     
     Delete "and gas"                                                                             
                                                                                                    

2006-04-25                     Senate Journal                      Page 2919
Page 1, line 5:                                                                                     
     Delete "and gas"                                                                             
                                                                                                    
Page 1, line 6:                                                                                     
     Delete "and gas"                                                                             
                                                                                                    
Page 1, line 10:                                                                                    
     Delete "and gas"                                                                             
                                                                                                    
Page 3, line 25:                                                                                    
     Delete "or gas"                                                                                
     Delete "and gas"                                                                               
                                                                                                    
Page 3, line 26:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 2:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 3:                                                                                     
     Delete "or gas"                                                                                
     Delete "and gas"                                                                               
                                                                                                    
Page 4, line 6:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 4, lines 10 - 11:                                                                              
     Delete all material.                                                                           
                                                                                                    
Renumber the following paragraph accordingly.                                                       
                                                                                                    
Page 4, line 13:                                                                                    
     Delete "or (2)"                                                                                
                                                                                                    
Page 4, lines 16 - 26:                                                                              
     Delete all material.                                                                           
     Insert "tax paid, notwithstanding (1) of this subsection, the tax is                           
          equal to                                                                                  
                           (A)  for oil that is produced in the Cook Inlet                          
            sedimentary basin, as that term is defined by regulations                               
            adopted to implement AS 38.05.180(f)(4), five percent of                                
            the gross value at the point of production of the oil; and                              
                                                                                                    

2006-04-25                     Senate Journal                      Page 2920
                           (B)  for oil, except oil described in (A) of this                        
            paragraph, 22.5 percent of the gross value at the point of                              
            production of the oil."                                                                 
                                                                                                    
Page 6, line 1:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 6, line 4:                                                                                     
     Delete "and gas"                                                                               
                                                                                                    
Page 6, line 17, following "AS 43.55.011":                                                      
     Insert "or AS 43.55.016"                                                                   
                                                                                                    
Page 6, line 21:                                                                                    
     Delete "and gas"                                                                           
                                                                                                    
Page 6, line 22:                                                                                    
     Delete "and gas"                                                                           
                                                                                                    
Page 6, line 24:                                                                                    
     Delete "and gas"                                                                           
                                                                                                    
Page 6, line 29:                                                                                    
     Delete "and gas"                                                                           
                                                                                                    
Page 7, line 22:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 9, line 28:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 12, line 6:                                                                                    
     Following "production tax":                                                                    
                   Insert "on oil"                                                              
     Following "AS 43.55.011(e)":                                                               
                   Insert "or the production tax on gas due under                               
          AS 43.55.016"                                                                         
                                                                                                    
Page 14, line 22, following "AS 43.55.011(e)":                                                  
     Insert "or 43.55.016"                                                                      
                                                                                                    
Page 15, line 4, following "AS 43.55.011(e)":                                                   
     Insert "or 43.55.016"                                                                      

2006-04-25                     Senate Journal                      Page 2921
Page 15, line 13, following "AS 43.55.011(e)":                                                  
     Insert "or 43.55.016"                                                                      
                                                                                                    
Page 15, line 15, following "AS 43.55.011(e)":                                                  
     Insert "or 43.55.016"                                                                      
                                                                                                    
Page 15, line 17, following "AS 43.55.011(e)":                                                  
     Insert "or 43.55.016"                                                                      
                                                                                                    
Page 19, line 7:                                                                                    
     Delete "and gas"                                                                             
                                                                                                    
Page 19, line 9:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 19, lines 10 - 11:                                                                             
     Delete "and one-third of the gross value at the point of production                            
of the gas that are"                                                                                
     Insert "that is"                                                                               
                                                                                                    
Page 19, line 15:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 19, line 23:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 19, line 28:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 20, line 7:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 20, line 9:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 20, line 12:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 20, line 15:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 21, line 21:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    

2006-04-25                     Senate Journal                      Page 2922
Page 21, line 25:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 22, line 25:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 22, line 27:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 22, line 29:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 23, line 21, following "gathering":                                                            
     Delete ", separating, cleaning, dehydration, compressing,"                                     
                                                                                                    
Page 23, line 23:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 24, line 6:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 24, line 10:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 24, line 20:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 24, line 21:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 24, line 22:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 24, line 25:                                                                                   
     Delete "or gas"                                                                                
                                                                                                    
Page 25, line 6:                                                                                    
     Delete "or gas"                                                                                
                                                                                                    
Page 25, line 12:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 25, line 14:                                                                                   
     Delete "equivalent"                                                                            

2006-04-25                     Senate Journal                      Page 2923
Page 25, line 19:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 25, line 22:                                                                                   
     Delete "equivalent"                                                                            
                                                                                                    
Page 25, line 26:                                                                                   
     Delete "and gas expressed as barrels of oil equivalent"                                        
                                                                                                    
Page 25, line 28:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 25, line 31:                                                                                   
     Delete "and gas expressed as barrels of oil equivalent"                                        
                                                                                                    
Page 26, lines 20 - 22:                                                                             
     Delete all material.                                                                           
                                                                                                    
Page 26, line 26:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 27, line 7:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 30, line 20:                                                                                   
     Delete "43.55.013, 43.55.016"                                                                  
     Insert "43.55.013(b), 43.55.013(d),"                                                           
                                                                                                    
Page 30, line 26:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 31, line 1:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 31, line 7:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 31, line 11:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 31, line 17:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 31, line 23:                                                                                   
     Delete "and gas"                                                                               

2006-04-25                     Senate Journal                      Page 2924
Page 31, line 26:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 31, line 28:                                                                                   
     Delete "and gas" in both places                                                                
                                                                                                    
Page 31, line 30:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 32, line 4:                                                                                    
     Delete "and gas"                                                                               
                                                                                                    
Page 32, line 12:                                                                                   
     Delete "and gas"                                                                               
                                                                                                    
Page 33, lines 8 - 9:                                                                               
     Delete all material.                                                                           
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 33, line 11:                                                                                   
     Delete "Tax"                                                                                   
     Insert "Taxes"                                                                                 
                                                                                                    
Page 33, line 12:                                                                                   
     Delete all material.                                                                           
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Senator French moved for the adoption of Amendment No. 8B.                                          
Senator Green objected.                                                                             
                                                                                                    
The question being: "Shall Amendment No. 8B be adopted?" The roll                                   
was taken with the following result:                                                                
                                                                                                    
CSSB 305(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 8B                                                                                    
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
and so, Amendment No. 8B failed.                                                                    
                                                                                                    

2006-04-25                     Senate Journal                      Page 2925
CS FOR SENATE BILL NO. 305(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 9.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 9 :                                                             
                                                                                                    
Page 4, line 28:                                                                                    
     Delete "$50"                                                                                   
     Insert "$45"                                                                                   
                                                                                                    
Page 5, lines 1 - 2:                                                                                
     Delete all material and insert:                                                                
            "[((ANS West Coast price - $45) x .0025) x [ANS wellhead                                
              price x (1 - PPT rate)]] x (total taxable barrels of oil at the                       
              point of production)"                                                                 
                                                                                                    
Senator French moved for the adoption of Amendment No. 9. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 9 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 305(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 9                                                                                     
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
and so, Amendment No. 9 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 305(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
Senator Ellis called the Senate. The call was satisfied.                                            
                                                                                                    

2006-04-25                     Senate Journal                      Page 2926
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 10.                                   
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 10 :                                                            
                                                                                                    
Page 3, line 25, through page 4, line 2:                                                            
     Delete all material and insert:                                                                
           "(e)  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, less any oil and gas the ownership or right to which is                           
       exempt from taxation or constitutes a lessor's royalty interest                              
       under an oil and gas lease, as follows:                                                      
                        (1)  for oil that is produced from the Prudhoe Bay                          
          field or Kuparuk reservoir, the tax is equal to 30 percent of the                         
          production tax value of the taxable oil as calculated under                               
          AS 43.55.160;                                                                             
                        (2)  for oil that is produced from the area north of                        
          68 degrees North latitude, except for production described in                             
          (1) of this subsection, the tax is equal to 20 percent of the                             
          production tax value of the taxable oil as calculated under                               
          AS 43.55.160;                                                                             
                        (3)  for oil that is produced in the Cook Inlet                             
          sedimentary basin, as that term is defined by regulations                                 
          adopted to implement AS 38.05.180(f)(4), the tax is equal to                              
          five percent of the production tax value of the taxable oil as                            
          calculated under AS 43.55.160; and                                                        
                        (4)  except as to oil described in (1) - (3) of this                        
          subsection, the tax is equal to 20 percent of the production tax                          
          value of the taxable oil and gas as calculated under                                      
          AS 43.55.160."                                                                            
                                                                                                    
Page 7, line 24, through page 8, line 4:                                                            
     Delete all material and insert:                                                                
                          "(A)  a producer or explorer that incurs a                                
            qualified capital expenditure may also elect to take a tax                              
            credit against                                                                          
                                 (i)  a tax due under AS 43.55.011(e)(1),                           
                     (e)(2), or (e)(4) in the amount of 20 percent of that                          
                     expenditure;                                                                   

2006-04-25                     Senate Journal                      Page 2927
                                 (ii)  a tax due under AS 43.55.011(e)(3)                           
                     in the amount of 25 percent of that expenditure;                               
                          (B)  for a calendar year for which the producer                           
            makes an election under AS 43.55.160(f), instead of taking                              
            a tax credit at a rate authorized by (A) of this paragraph as                           
            to each separate qualified capital expenditure after it has                             
            been incurred, a producer that incurs a qualified capital                               
            expenditure during that year and that wishes to apply a                                 
              credit based on that expenditure against a tax due                                   
                                 (i)  under AS 43.55.011(e)(1), (e)(2), or                          
                     (e)(4) shall calculate and apply every month an                                
                     annualized tax credit in an amount equal to 1 2/3                              
                     percent of the total qualified capital expenditures                            
                     incurred during that year and for which the tax                                
                     credit is taken for that year;                                                 
                                 (ii)  under AS 43.55.011(e)(3) shall                               
                     calculate and apply every month an annualized tax                              
                     credit in an amount equal to 2 1/12 percent of the                             
                     total qualified capital expenditures incurred during                           
                     that year and for which the tax credit is taken for                            
                     that year;"                                                                    
                                                                                                    
Page 25, line 14, through page 26, line 1:                                                          
     Delete all material and insert:                                                                
                        "(1)  not more than 5,000 barrels of oil                                    
          equivalent, the amount of the credit                                                      
                                      (A)  for oil subject to tax                                   
                                 (i)  under AS 43.55.011(e)(1) is 30                                
                     percent of the producer's production tax value for                             
                      that month under AS 43.55.160(a);                                            
                                 (ii)  under AS 43.55.011(e)(2) is 20                               
                     percent of the producer's production tax value for                             
                      that month under AS 43.55.160(a);                                            
                                 (iii)  under AS 43.55.011(e)(3) is five                            
                     percent of the producer's production tax value for                             
                     that month under AS 43.55.160(a); and                                          
                          (B)  for oil and gas subject to tax under                                 
            AS 43.55.011(e)(4) is 20 percent of the producer's                                      
            production tax value for that month under AS 43.55.160(a);                              
            and                                                                                     

2006-04-25                     Senate Journal                      Page 2928
                        (2)  more than 5,000 barrels of oil equivalent, the                         
          amount of the credit                                                                      
                         (A)  for oil subject to tax                                               
                                 (i)  under AS 43.55.011(e)(1) is 30                                
                     percent of the producer's production tax value for                             
                     that month under AS 43.55.160(a) multiplied by                                 
                     the quotient of 5,000 divided by the average                                   
                     amount of oil and gas expressed as barrels of oil                              
                     equivalent, produced a day during that month and                               
                      taxable under AS 43.55.011(e)(1);                                            
                                 (ii)  under AS 43.55.011(e)(2) is 20                               
                     percent of the producer's production tax value for                             
                     that month under AS 43.55.160(a) multiplied by                                 
                     the quotient of 5,000 divided by the average                                   
                     amount of oil and gas expressed as barrels of oil                              
                     equivalent, produced a day during that month and                               
                      taxable under AS 43.55.011(e)(2);                                            
                                 (iii)  under AS 43.55.011(e)(3) is five                            
                     percent of the producer's production tax value for                             
                     that month under AS 43.55.160(a) multiplied by                                 
                     the quotient of 5,000 divided by the average                                   
                     amount of oil and gas expressed as barrels of oil                              
                     equivalent, produced a day during that month and                               
                     taxable under AS 43.55.011(e)(3); and                                          
                          (B)  for oil and gas subject to tax under                                 
            AS 43.55.011(e)(4) is 20 percent of the producer's                                      
            production tax value for that month under AS 43.55.160(a)                               
            multiplied by the quotient of 5,000 divided by the average                              
            amount of oil and gas expressed as barrels of oil equivalent,                           
            produced a day during that month and taxable under                                      
            AS 43.55.011(e)(4)."                                                                    
                                                                                                    
Page 31, lines 1 - 5:                                                                               
     Delete all material.                                                                           
     Insert "AS 43.55.024(a), enacted by sec. 12 of this Act, for oil and                           
gas produced on or after April 1, 2006, and before January 1, 2007,                                 
        (1)  the phrase "every month an annualized tax credit in an                                 
amount equal to 1 2/3 percent" in AS 43.55.024(a)(1)(B)(i), enacted                                 
by sec. 12 of this Act, shall be replaced by the phrase "every month                                
during the period April 1, 2006, through December 31, 2006, an                                      
annualized tax credit in an amount equal to 2 2/9 percent"; and                                     

2006-04-25                     Senate Journal                      Page 2929
        (2) the phrase "every month an annualized tax credit in an                                  
          amount equal to 2 1/12 percent" in AS 43.55.024(a)(1)(B)(ii),                             
          enacted by sec. 12 of this Act, shall be replaced by the phrase                           
          "every month during the period April 1, 2006, through                                     
          December 31, 2006, an annualized tax credit in an amount                                  
          equal to 2 7/9 percent."                                                                  
                                                                                                    
Senator French moved for the adoption of Amendment No. 10.                                          
Senator Green objected.                                                                             
                                                                                                    
The question being: "Shall Amendment No. 10 be adopted?" The roll                                   
was taken with the following result:                                                                
                                                                                                    
CSSB 305(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 10                                                                                    
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
and so, Amendment No. 10 failed.                                                                    
                                                                                                    
CS FOR SENATE BILL NO. 305(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 11.                                   
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 11 :                                                            
                                                                                                    
Page 3, line 25, through page 4, line 2:                                                            
     Delete all material and insert:                                                                
           "(e)  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, less any oil and gas the ownership or right to which is                             
     exempt from taxation or constitutes a lessor's royalty interest                                
     under an oil and gas lease. The tax                                                            

2006-04-25                     Senate Journal                      Page 2930
                    (1)  for oil that is produced in the Cook Inlet                                 
     sedimentary basin, as that term is defined by regulations adopted                              
     to implement AS 38.05.180(f)(4), is equal to five percent of the                               
     production tax value of the taxable oil as calculated under                                    
     AS 43.55.160;                                                                                  
                    (2)  for oil, except as to oil described in (1) of this                         
     subsection, is equal to the amount that is the greater of                                      
                              (A)  22.5 percent of the production tax                               
            value of the taxable oil and gas as calculated under                                    
            AS 43.55.160; or                                                                        
                              (B)  $1 per barrel of oil produced during                             
            any month; tax is due and payable under this subparagraph                               
            only if                                                                                 
                                        (i)  the producer's oil production                          
                    from all leases or properties in the state exceeds                              
                    5,000 barrels a day;                                                            
                                        (ii)  the producer does not owe tax                         
                    under (A) of this paragraph on oil produced from the                            
                    leases or properties in the state subject to the tax set                        
                    out in that subparagraph; and                                                   
                                        (iii)  the prevailing value for oil                         
                    produced in the Alaska North Slope area during the                              
                    month exceeds $20 per barrel;                                                   
                    (3)  for gas is equal to 22.5 percent of the production                         
       tax value of the taxable gas as calculated under AS 43.55.160."                             
                                                                                                    
Page 25, line 16, following "AS 43.55.011(e)(1)":                                                   
     Insert "or (e)(2)(B)"                                                                          
                                                                                                    
Page 25, line 19:                                                                                   
     Delete "AS 43.55.011(e)(2)"                                                                    
     Insert "AS 43.55.011(e)(2)(A)"                                                                 
                                                                                                    
Page 25, line 23, following "AS 43.55.011(e)(1)":                                                   
     Insert "or (e)(2)(B)"                                                                          
                                                                                                    
Page 25, line 27, following "AS 43.55.011(e)(1)":                                                   
     Insert "or (e)(2)(B)"                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-04-25                     Senate Journal                      Page 2931
Page 25, line 28:                                                                                   
     Delete "AS 43.55.011(e)(2)"                                                                    
     Insert "AS 43.55.011(e)(2)(A)"                                                                 
                                                                                                    
Page 26, line 1:                                                                                    
     Delete "AS 43.55.011(e)(2)"                                                                    
     Insert "AS 43.55.011(e)(2)(A)"                                                                 
                                                                                                    
Senator French moved for the adoption of Amendment No. 11.                                          
Senator Gary Stevens objected.                                                                      
                                                                                                    
The question being: "Shall Amendment No. 11 be adopted?" The roll                                   
was taken with the following result:                                                                
                                                                                                    
CSSB 305(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 11                                                                                    
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
and so, Amendment No. 11 failed.                                                                    
                                                                                                    
CS FOR SENATE BILL NO. 305(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
Senator Elton moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 12.                                       
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Elton offered Amendment No. 12 :                                                             
                                                                                                    
Page 4, line 1:                                                                                     
     Delete "22.5 percent"                                                                          
     Insert "25 percent"                                                                            
                                                                                                    
Page 4, line 23:                                                                                    
     Delete "22.5 percent"                                                                          
     Insert "25 percent"                                                                            

2006-04-25                     Senate Journal                      Page 2932
Page 7, line 26:                                                                                    
     Delete "25 percent"                                                                            
     Insert "20 percent"                                                                            
                                                                                                    
Page 8, line 2:                                                                                     
     Delete "2 1/12 percent"                                                                        
     Insert "1 2/3 percent"                                                                         
                                                                                                    
Page 8, line 23:                                                                                    
     Delete "22.5 percent"                                                                          
     Insert "20 percent"                                                                            
                                                                                                    
Page 25, line 20:                                                                                   
     Delete "22.5 percent"                                                                          
     Insert "25 percent"                                                                            
                                                                                                    
Page 25, line 29:                                                                                   
     Delete "22.5 percent"                                                                          
     Insert "25 percent"                                                                            
                                                                                                    
Page 31, line 3:                                                                                    
     Delete "2 1/12 percent"                                                                        
     Insert "1 2/3 percent"                                                                         
                                                                                                    
Page 31, line 5:                                                                                    
     Delete "2 7/9 percent"                                                                         
     Insert "2 2/9 percent"                                                                         
                                                                                                    
Senator Elton moved for the adoption of Amendment No. 12. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 12 be adopted?" The roll                                   
was taken with the following result:                                                                
                                                                                                    
CSSB 305(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 12                                                                                    
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          

2006-04-25                     Senate Journal                      Page 2933
                                                                                                    
and so, Amendment No. 12 failed.                                                                    
                                                                                                    
CS FOR SENATE BILL NO. 305(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
Senator Elton moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 13.                                       
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Elton offered Amendment No. 13 :                                                             
                                                                                                    
Page 5, following line 19:                                                                          
     Insert a new subsection to read:                                                               
            "(i)  Tax may not be levied under (e) - (h) of this section on                          
     production of oil and gas after June 30, 2013."                                                
                                                                                                    
Page 12, line 20:                                                                                   
     Delete "2016"                                                                              
     Insert "2013"                                                                              
                                                                                                    
Page 25, line 9:                                                                                    
     Delete "April 1, 2016"                                                                         
     Insert "July 1, 2013"                                                                          
                                                                                                    
Page 26, line 11:                                                                                   
     Delete "during 2016 to exceed $3,500,000"                                                      
     Insert "during 2013 to exceed $7,000,000"                                                      
                                                                                                    
Page 26, line 30:                                                                                   
     Delete "2013"                                                                                  
     Insert "2011"                                                                                  
                                                                                                    
Page 27, line 9:                                                                                    
     Delete "2015"                                                                                  
     Insert "2013"                                                                                  
                                                                                                    
Page 27, line 10, following "subsection":                                                           
     Delete ", and shall include with the report a recommendation as to                             
whether the legislature should extend the availability of the credits                               
under AS 43.55.025 and 43.55.170 beyond April 30, 2016"                                             
                                                                                                    

2006-04-25                     Senate Journal                      Page 2934
Page 33, following line 3:                                                                          
     Insert a new bill section to read:                                                             
"* Sec. 39. The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
          REPORT REGARDING PRODUCTION TAX ON OIL AND                                                
GAS. The Legislative Audit Division shall                                                           
              (1)  study the effects of the tax rates under AS 43.55.011,                           
as that section is amended by this Act, and of potential changes in                                 
those tax rates on state revenue; and                                                               
              (2)  prepare a report on or before the first day of each of                           
the 2009 and 2011 regular sessions of the legislature on the results of                             
the study made under (1) of this subsection; the division shall notify                              
the legislature that the report prepared under this paragraph is                                    
available."                                                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Senator Elton moved for the adoption of Amendment No. 13. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 13 be adopted?" The roll                                   
was taken with the following result:                                                                
                                                                                                    
CSSB 305(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 13                                                                                    
                                                                                                    
YEAS:  2   NAYS:  18   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Ellis, Elton                                                                                 
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, French, Green, Guess,                                          
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Olson changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, Amendment No. 13 failed.                                                                    
                                                                                                    
CS FOR SENATE BILL NO. 305(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    

2006-04-25                     Senate Journal                      Page 2935
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
305(FIN) am "An Act repealing the oil production tax and the gas                                    
production tax and providing for a production tax on oil and gas;                                   
relating to the calculation of the gross value at the point of production                           
of oil and gas and to the determination of the value of oil and gas for                             
purposes of the production tax on oil and gas; providing for tax credits                            
against the production tax on oil and gas; relating to the relationship of                          
the production tax on oil and gas to other taxes, to the dates those tax                            
payments and surcharges are due, to interest on overpayments of the                                 
tax, and to the treatment of the tax in a producer's settlement with the                            
royalty owners; relating to flared gas, and to oil and gas used in the                              
operation of a lease or property under the production tax; relating to                              
the prevailing value of oil and gas under the production tax; relating to                           
surcharges on oil; relating to statements or other information required                             
to be filed with or furnished to the Department of Revenue, to the                                  
penalty for failure to file certain reports for the tax, to the powers of                           
the Department of Revenue, and to the disclosure of certain                                         
information required to be furnished to the Department of Revenue as                                
applicable to the administration of the tax; relating to criminal                                   
penalties for violating conditions governing access to and use of                                   
confidential information relating to the tax, and to the deposit of tax                             
money collected by the Department of Revenue; amending the                                          
definitions of 'gas,' 'oil,' and certain other terms for purposes of the                            
production tax, and as the definition of the term 'gas' applies in the                              
Alaska Stranded Gas Development Act, and adding further definitions;                                
making conforming amendments; and providing for an effective date"                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSSB 305(FIN) am                                                                                    
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Hoffman, Huggins,                                       
Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Ellis, Elton, French, Guess                                                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 305(FIN) am passed the Senate                                        
on reconsideration.                                                                                 

2006-04-25                     Senate Journal                      Page 2936
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. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.