Legislature(2015 - 2016)

2016-01-19 House Journal

Full Journal pdf

2016-01-19                     House Journal                      Page 1436
HB 247                                                                                                                        
HOUSE BILL NO. 247 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to confidential information status and public                                                             
     record status of information in the possession of the Department                                                           
     of Revenue; relating to interest applicable to delinquent tax;                                                             
     relating to disclosure of oil and gas production tax credit                                                                
     information; relating to refunds for the gas storage facility tax                                                          
     credit, the liquefied natural gas storage facility tax credit, and the                                                     
     qualified in-state oil refinery infrastructure expenditures tax credit;                                                    
     relating to the minimum tax for certain oil and gas production;                                                            
     relating to the minimum tax calculation for monthly installment                                                            
     payments of estimated tax; relating to interest on monthly                                                                 
     installment payments of estimated tax; relating to limitations for                                                         
     the application of tax credits; relating to oil and gas production tax                                                     
     credits for certain losses and expenditures; relating to limitations                                                       
     for nontransferable oil and gas production tax credits based on oil                                                        
     production and the alternative tax credit for oil and gas                                                                  
     exploration; relating to purchase of tax credit certificates from the                                                      
     oil and gas tax credit fund; relating to a minimum for gross value                                                         
     at the point of production; relating to lease expenditures and tax                                                         
     credits for municipal entities; adding a definition for "qualified                                                         
     capital expenditure"; adding a definition for "outstanding liability                                                       
     to the state"; repealing oil and gas exploration incentive credits;                                                        
     repealing the limitation on the application of credits against tax                                                         
     liability for lease expenditures incurred before January 1, 2011;                                                          
     repealing provisions related to the monthly installment payments                                                           
     for estimated tax for oil and gas produced before January 1, 2014;                                                         

2016-01-19                     House Journal                      Page 1437
     repealing the oil and gas production tax credit for qualified capital                                                      
     expenditures and certain well expenditures; repealing the                                                                  
     calculation for certain lease expenditures applicable before                                                               
     January 1, 2011; making conforming amendments; and providing                                                               
     for an effective date."                                                                                                    
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Natural Resources                                                                                            
2.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
The Governor's transmittal letter dated January 15, 2016, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill relating to oil and gas tax credits                                                      
and the minimum tax amount for certain oil and gas production.                                                                  
                                                                                                                                
This bill proposes through four elements to protect the State's fiscal                                                          
future while instituting cautious reforms to the oil and gas tax credit                                                         
system. First, the bill would simplify the oil and gas tax credit system                                                        
by repealing numerous narrowly targeted credits. The bill would                                                                 
repeal the 20 percent tax credit under AS 43.55.023(a) for qualified                                                            
capital expenditures incurred for exploration, development, or                                                                  
production of oil and gas south of 68 degrees North latitude and the 40                                                         
percent well lease expenditure credit under AS 43.55.023(l) for well                                                            
lease expenditures incurred south of 68 degrees North latitude. The oil                                                         
and gas tax credit system with the changes in the bill would move                                                               
towards a system based on nontransferable production-based credits                                                              
and transferable credits based on carried-forward annual losses. The                                                            
bill would repeal unused exploration incentive credits under                                                                    
AS 38.05.180(i) and AS 41.09. Also, the bill would limit the lease                                                              
expenditures and tax credits available to municipal entities in                                                                 
proportion to the taxable production of the municipal entity.                                                                   
                                                                                                                                

2016-01-19                     House Journal                      Page 1438
Second, the bill would strengthen the minimum tax amount for certain                                                            
oil and gas produced north of 68 degrees North latitude ("North                                                                 
Slope") to protect the State's tax revenue stream. The bill would                                                               
require the minimum tax amount on certain oil and gas produced on                                                               
the North Slope to equal at least five percent of the gross value at the                                                        
point of production regardless of the price of the oil and gas. The oil                                                         
and gas tax credits would no longer be able to reduce the tax levied in                                                         
AS 43.55.011(e) below the minimum amount calculated in                                                                          
AS 43.55.011(f). This credit limitation would take effect on January 1,                                                         
2016.                                                                                                                           
                                                                                                                                
Third, the bill would reinvigorate the State's investment strategy in                                                           
purchases of oil and gas tax credit certificates under AS 43.55.028(e)                                                          
to focus on small companies that hire state residents. The State would                                                          
only purchase tax credit certificates from an applicant with revenues of                                                        
less than $10,000,000,000 from its oil and gas business during the                                                              
previous calendar year. The State would not purchase a certificate                                                              
from an applicant with an outstanding liability to the State.                                                                   
Outstanding liabilities to the State would include unpaid taxes,                                                                
penalties, royalties, rental, interest, and fees. The State's purchases                                                         
from each applicant would be limited to $25,000,000 a year. The bill                                                            
would limit the percentage of the State's purchase of a tax credit                                                              
certificate to the percentage of the applicant's workforce in the state, in                                                     
the previous calendar year, that were resident workers. This builds on                                                          
my commitment to promote healthy and safe communities by                                                                        
encouraging employment of state residents in the state's vital natural                                                          
resources industry.                                                                                                             
                                                                                                                                
Finally, the bill would institute a number of changes to promote good                                                           
governance in tax administration. The bill would delete a number of                                                             
inapplicable provisions from the tax statutes to provide greater clarity.                                                       
The bill would increase the interest rate applicable to delinquent taxes.                                                       
The bill would make public more information about taxpayers that                                                                
claim oil and gas production tax credits. Most provisions of the bill                                                           
would take effect on July 1, 2016.                                                                                              
                                                                                                                                
The bill is an integral component of the New Sustainable Alaska Plan                                                            
to provide a balanced and sustainable budget for Alaska's long-term                                                             
fiscal stability.                                                                                                               
                                                                                                                                

2016-01-19                     House Journal                      Page 1439
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"