Legislature(2005 - 2006)

2006-07-13 House Journal

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2006-07-13                     House Journal                      Page 4229
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                       TWENTY-FOURTH LEGISLATURE                                                 
                                                                                                    
                         THIRD SPECIAL SESSION                                                   
                                                                                                    
Juneau, Alaska                  Thursday                  July 13, 2006                           
                                                                                                    
                               Second Day                                                      
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:57 a.m.                                                                                
                                                                                                    
Roll call showed 34 members present.  Representatives Kapsner,                                      
LeDoux, Moses, and Weyhrauch had been previously excused from a                                     
call of the House today.  Representative Kott was absent.                                           
                                                                                                    
Representative Foster, Acting Majority Leader, moved and asked                                      
unanimous consent that Representative Coghill be excused from a call                                
of the House today.  There being no objection, it was so ordered.                                   
                                                                                                    
The invocation was offered by the Chaplain, Jacob Good, Assistant                                   
Sergeant-at-Arms.  Representative McGuire moved and asked                                           
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    With the deepest respect for the religious beliefs of all                                       
    Alaskans, I offer these thoughts.                                                               
                                                                                                    
    Through the fog of personal interest and political affiliation,                                 
    there lies a compromise that caters to everyone's benefit.  The                                 
    process of meeting this compromise is trying and requires                                       
    sacrifice from both sides of the issue.  May the elected                                        
    officials of our great state see their way to this compromise                                   
    with selflessness and righteousness without having to abandon                                   
    the values they hold dear.  In these historic and pivotal times,                                
    it is essential to tread cautiously while maintaining a                                         

2006-07-13                     House Journal                      Page 4230
     progressive pace.  May we all find the wisdom it takes to meet                                
         the high demands of these sort of fragile balances and                                    
    compromises.                                                                                    
                                                                                                    
    Thank you.                                                                                      
                                                                                                    
The Pledge of Allegiance was led by Representative Foster.                                          
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
journal for the 26th legislative day of the Second Special Session                                  
(page 4218) and the first legislative day of the Third Special Session                              
be approved as certified by the Chief Clerk.  There being no objection,                             
it was so ordered.                                                                                  
                                                                                                    
The Speaker stated that the House would stand at ease to allow the                                  
members of the Senate to enter the Chamber; and so, the House stood                                 
at ease at 11:01 a.m.                                                                               
                                                                                                    
                             AFTER AT EASE                                                       
                                                                                                    
The Speaker called the House back to order at 11:09 a.m.                                            
                                                                                                    
                       JOINT SESSION IN THE HOUSE                                                
                                                                                                    
In accordance with Uniform Rule 51, Speaker Harris turned the gavel                                 
over to President Ben Stevens who called the joint session to order at                              
11:09 a.m.                                                                                          
                                                                                                    
The purpose of the joint session was to hear an address by the                                      
Honorable Frank H. Murkowski, Governor of Alaska.                                                   
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
roll call of the Senate be waived and all members be shown as present.                              
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
roll call of the House be waived and all members be shown as present.                               
There being no objection, it was so ordered.                                                        
                                                                                                    

2006-07-13                     House Journal                      Page 4231
President Ben Stevens appointed Representatives Wilson and Cissna                                   
to escort the Governor to the joint session.                                                        
                                                                                                    
The Senate Sergeant-at-Arms announced the Governor's entrance into                                  
the House Chamber.                                                                                  
                                                                                                    
Governor Murkowski was escorted to the rostrum and welcomed by                                      
President Ben Stevens.                                                                              
                                                                                                    
                                                                                                    
Governor Murkowski delivered his address and it is published in                                     
Senate and House Joint Journal Supplement No. 17.                                                   
                                                                                                    
Governor Murkowski received a standing ovation and was escorted                                     
from the Chamber by Representatives Wilson and Cissna.                                              
                                                                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
joint session adjourn.                                                                              
                                                                                                    
Representative Stoltze objected.                                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall the joint session adjourn?"  The roll of the                            
House was taken with the following result:                                                          
                                                                                                    
HOUSE                                                                                               
Adjourn Joint Session                                                                               
                                                                                                    
YEAS:  0   NAYS:  34   EXCUSED:  5   ABSENT:  1                                                     
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring,                                  
Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon,                                      
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Excused:  Coghill, Kapsner, LeDoux, Moses, Weyhrauch                                                
                                                                                                    
Absent:  Kott                                                                                       
                                                                                                    
                                                                                                    
The roll of the Senate was called with the following result:                                        

2006-07-13                     House Journal                      Page 4232
SENATE                                                                                              
Adjourn Joint Session                                                                               
                                                                                                    
YEAS:  6   NAYS:  11   EXCUSED:  2   ABSENT:  1                                                     
                                                                                                    
Yeas:  Therriault, Wilken, Hoffman, Kookesh, Seekins, Stedman                                       
                                                                                                    
Nays:  Stevens G, Wagoner, Cowdery, Davis, Dyson, Ellis, Elton,                                     
Green, Huggins, Olson, Stevens B                                                                    
                                                                                                    
Excused:  Bunde, French                                                                             
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
TOTAL:  YEAS:  6   NAYS:  45   EXCUSED:  7   ABSENT:  2                                           
                                                                                                    
And so, the joint session was not adjourned.                                                        
                                                                                                    
                                                                                                    
SB 231                                                                                            
Representative Stoltze cited Article II, Sec. 16 of the Constitution of                             
the State of Alaska and moved that Section 62, pages 177 - 178,                                     
subsections (a) - (h) and (j) of:                                                                   
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am                                                 
    H(brf sup maj pfld H)                                                                           
    "An Act making appropriations, including capital appropriations,                                
    supplemental appropriations, reappropriations, and appropriations                               
    to capitalize funds; making appropriations under art. IX, sec.                                  
    17(c), Constitution of the State of Alaska, from the constitutional                             
    budget reserve fund; and providing for an effective date."                                      
                                                                                                    
become law notwithstanding the Governor's line item veto.                                           
                                                                                                    
The question being:  "Shall Section 62, pages 177 - 178, subsections                                
(a) - (h) and (j) of HCS CSSB 231(FIN) am H(brf sup maj pfld H)                                     
become law notwithstanding the Governor's line item veto?"  The roll                                
of the Senate was called with the following result:                                                 
                                                                                                    
SENATE                                                                                              
HCS CSSB 231(FIN) am H(brf sup maj pfld H)                                                          
Override Line Item Veto, Section 62 (a)-(h), (j)                                                    
                                                                                                    
YEAS:  7   NAYS:  10   EXCUSED:  2   ABSENT:  1                                                     
                                                                                                    

2006-07-13                     House Journal                      Page 4233
Yeas:  Wagoner, Dyson, Green, Huggins, Stedman, Stevens G,                                          
Stevens B                                                                                           
                                                                                                    
Nays:  Therriault, Wilken, Cowdery, Davis, Ellis, Elton, Hoffman,                                   
Kookesh, Olson, Seekins                                                                             
                                                                                                    
Excused:  Bunde, French                                                                             
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
The roll of the House was taken with the following result:                                          
                                                                                                    
HOUSE                                                                                               
HCS CSSB 231(FIN) am H(brf sup maj pfld H)                                                          
Override Line Item Veto, Section 62 (a)-(h), (j)                                                    
                                                                                                    
YEAS:  20   NAYS:  14   EXCUSED:  5   ABSENT:  1                                                    
                                                                                                    
Yeas:  Chenault, Croft, Dahlstrom, Gatto, Gruenberg, Harris, Hawker,                                
Kohring, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Salmon,                                     
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Crawford, Elkins, Foster, Gara,                                 
Gardner, Guttenberg, Holm, Joule, Kelly, Kerttula, Ramras                                           
                                                                                                    
Excused:  Coghill, Kapsner, LeDoux, Moses, Weyhrauch                                                
                                                                                                    
Absent:  Kott                                                                                       
                                                                                                    
                                                                                                    
TOTAL:  YEAS:  27   NAYS:  24   EXCUSED:  7  ABSENT:  2                                           
                                                                                                    
And so, the Governor's line item veto was sustained.                                                
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
joint session adjourn.  There being no objection, President Ben                                     
Stevens adjourned the joint session at 12:07 p.m.                                                   
                                                                                                    
The Speaker ordered the House at ease to allow members of the Senate                                
to leave the Chamber.                                                                               
                                                                                                    
                              IN THE HOUSE                                                       
                                                                                                    
The Speaker called the House back to order at 12:09 p.m.                                            
                                                                                                    

2006-07-13                     House Journal                      Page 4234
The Speaker stated that, without objection, the House would advance                                 
to:                                                                                                 
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Holm - from 7:00 p.m., July 13 to 9:30 a.m., plane                                   
time, July 24, 2006                                                                                 
                                                                                                    
Representative Gatto - from 3:30 a.m., July 19 to 10:00 p.m., plane                                 
time, July 24, 2006                                                                                 
                                                                                                    
Representative Weyhrauch - from 8:00 a.m., July 20 to 4:45 p.m.,                                    
plane time, July 21, 2006                                                                           
                                                                                                    
Representative Thomas - from 4:00 p.m., July 13 to 2:00 p.m., plane                                 
time, July 24, 2006                                                                                 
                                                                                                    
Representative McGuire - withdrawal of previous excused absence                                     
from 7:00 a.m., July 14 to 10:00 a.m., plane time, July 24, 2006 (page                              
4224)                                                                                               
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
Representatives Gatto and Chenault be excused from a call of the                                    
House today.  There being no objection, it was so ordered.                                          
                                                                                                    
The House reverted to:                                                                              
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated July 12, 2006, was read stating the Senate had                                      
accepted the invitation to meet in joint session in the House Chamber                               
at 11:00 a.m., today to hear the Governor's address.                                                
                                                                                                    

2006-07-13                     House Journal                      Page 4235
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HJR 301                                                                                           
HOUSE JOINT RESOLUTION NO. 301 by the House Judiciary                                               
Committee:                                                                                          
                                                                                                    
    Proposing amendments to the Constitution of the State of Alaska                                 
    requiring legislative approval of certain state contracts for the                               
    development of natural gas resources.                                                           
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
The Speaker ruled that personal legislation would be allowed during                                 
the Third Special Session.                                                                          
                                                                                                    
HB 3003                                                                                           
HOUSE BILL NO. 3003 by Representatives Croft, Crawford, and                                         
Gruenberg, entitled:                                                                                
                                                                                                    
    "An Act relating to oil and gas properties production taxes;                                    
    providing for a production tax adjustment to increase the amount                                
    of tax at high oil prices and a production tax adjustment to                                    
    decrease the tax on the production of heavy oil; providing for an                               
    exclusion of a certain amount of oil and gas from the gross value                               
    at the point of production; relating to the determination of the                                
    gross value of oil and gas at the point of production; and providing                            
    for an effective date."                                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 3004                                                                                           
HOUSE BILL NO. 3004 by Representatives Gara, Berkowitz,                                             
Gardner, Kerttula, Gruenberg, and Guttenberg, entitled:                                             
                                                                                                    

2006-07-13                     House Journal                      Page 4236
    "An Act relating to oil and gas, and to the oil and gas properties                              
    production (severance) tax as it applies to oil; providing for an                               
    adjustment to increase the tax collected when oil prices exceed                                 
    certain amounts and to reduce the tax collected when oil prices fall                            
    below $16 per barrel; providing for relief from the tax when the                                
    price per barrel is low or when the taxpayer demonstrates that a                                
    reduction in the tax is necessary to establish or reestablish                                   
    production from an oil field or pool that would not otherwise be                                
    economically feasible; delaying until July 1, 2016, the deadline for                            
    certain exploration expenditures that form the basis for a credit                               
    against the tax on oil and gas produced from a lease or property in                             
    the state; amending the powers and duties of the Alaska Oil and                                 
    Gas Conservation Commission; and providing for an effective                                     
    date."                                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 3001                                                                                           
The Office of the Governor submitted the following to correct a fiscal                              
note by the Dept. of Revenue, published on July 12, 2006 (page 4220):                               
                                                                                                    
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
for                                                                                                 
                                                                                                    
    HOUSE BILL NO. 3001                                                                             
    "An Act relating to the production tax on oil and gas and to                                    
    conservation surcharges on oil; relating to criminal penalties for                              
    violating conditions governing access to and use of confidential                                
    information relating to the production tax; amending the definition                             
    of 'gas' as that definition applies in the Alaska Stranded Gas                                  
    Development Act; making conforming amendments; and                                              
    providing for an effective date."                                                               
                                                                                                    
HB 3001 is in the Finance Committee.                                                                
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2006-07-13                     House Journal                      Page 4237
                              ADJOURNMENT                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 2:00 p.m., July 24, 2006.  There being no                                       
objection, the House adjourned at 12:46 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk