Legislature(2005 - 2006)

2006-05-31 Senate Journal

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2006-05-31                     Senate Journal                      Page 3526
SB 2002                                                                                           
SENATE BILL NO. 2002 BY THE SENATE RULES COMMITTEE                                                  
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act conferring original jurisdiction on the                                        
             Alaska Supreme Court for the purpose of providing                                      
             judicial review of a contract executed under the                                       
             Alaska Stranded Gas Development Act, and setting                                       

2006-05-31                     Senate Journal                      Page 3527
             the time in which a contract developed under that                                      
             Act, or a statute of limitations regarding that contract,                              
             must be legally challenged; and providing for an                                       
             effective date."                                                                       
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Revenue                                                     
 Fiscal Note No. 2, zero, Department of Natural Resources                                           
                                                                                                    
Governor's transmittal letter dated May 31:                                                         
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill conferring original jurisdiction on the Alaska                                  
Supreme Court for the purpose of providing judicial review of a                                     
contract executed under the Alaska Stranded Gas Development Act,                                    
and setting the time in which a contract developed under that Act, or a                             
statute of limitations regarding that contract, must be legally                                     
challenged.                                                                                         
                                                                                                    
This bill would give the Alaska Supreme Court original and exclusive                                
jurisdiction to hear a challenge to a fiscal contract under the Alaska                              
Stranded Gas Development Act (AS 43.82).  This bill would also                                      
shorten from 120 to 60 days the period during which such a challenge                                
must be filed.                                                                                      
                                                                                                    
The bill's provisions are intended to allow for prompt and direct                                   
resolution of any challenge to a stranded gas fiscal contract or its                                
authorizing law.  Pending lawsuits cause uncertainty in the minds of                                
project developers.  It is in everyone's interests to have in place a                               
process that expedites ultimate resolution of such challenges and                                   
thereby eliminates uncertainty about the validity and enforceability of                             
an authorizing law or the terms of a fiscal contract.                                               
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                                                                                    

2006-05-31                     Senate Journal                      Page 3528
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor