Legislature(2005 - 2006)

2006-06-06 House Journal

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2006-06-06                     House Journal                      Page 4157
SB 2002                                                                                           
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 2002(JUD)                                                                
    "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 the time in which a final agency decision of the                                        
    commissioner of revenue made under that Act, the                                                
    constitutionality of a law authorizing a contract enacted under that                            
    Act, or the enforceability of a contract executed under a law                                   
    authorizing a contract enacted under that Act must be legally                                   
     challenged and by whom; and providing for an effective date."                                 
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT HCS(JUD) 3DP 2NR 2AM                                     4153                              
 FN1: ZERO(REV)                                                   4153                              
 FN2: ZERO(DNR)                                                   4153                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 2002(JUD)                                                   
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    
Page 1, line 1, following "Act" (title amendment):                                                
 Insert "increasing the time period for legislative and public                                    
comment on a proposed contract and preliminary findings and                                       
determinations under the Alaska Stranded Gas Development Act,"                                    
                                                                                                    

2006-06-06                     House Journal                      Page 4158
Page 1, following line 8:                                                                           
 Insert a new bill section to read:                                                                 
"* Section 1. AS 43.82.410 is amended to read:                                                    
         Sec. 43.82.410. Notice and comment regarding the                                         
    contract.  The commissioner shall                                                             
             (1)  give reasonable public notice of the preliminary                                  
    findings and determination made under AS 43.82.400;                                             
             (2)  make copies of the proposed contract, the                                         
    commissioner's preliminary findings and determination, and, to                                  
    the extent the information is not required to be kept confidential                              
    under AS 43.82.310, the supporting financial, technical, and                                    
    market data, including the work papers, analyses, and                                           
    recommendations of any independent contractors used under                                       
    AS 43.82.240 available to the public and to                                                     
                 (A)  the presiding officer of each house of the                                    
         legislature;                                                                               
                 (B)  the chairs of the finance and resources                                       
         committees of the legislature; and                                                         
                 (C)  the chairs of the special committees on oil and                               
         gas, if any, of the legislature;                                                           
             (3)  offer to appear before the Legislative Budget and                                 
    Audit Committee to provide the committee a review of the                                        
    commissioner's preliminary findings and determination, the                                      
    proposed contract, and the supporting financial, technical, and                                 
    market data; if the Legislative Budget and Audit Committee                                      
    accepts the commissioner's offer, the committee shall give notice                               
    of the committee's meeting to the public and all members of the                                 
    legislature; if the financial, technical, and market data that is to be                         
    provided must be kept confidential under AS 43.82.310, the                                      
    commissioner may not release the confidential information during                                
    a public portion of a committee meeting; and                                                    
             (4)  establish a period of at least 90 [30] days for the                           
    public and members of the legislature to comment on the proposed                                
    contract and the preliminary findings and determination made                                    
    under AS 43.82.400."                                                                            
                                                                                                    
Page 1, line 9:                                                                                     
    Delete "Section 1"                                                                            
    Insert "Sec. 2"                                                                               
                                                                                                    

2006-06-06                     House Journal                      Page 4159
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, following line 6:                                                                           
    Insert a new bill section to read:                                                              
"* Sec. 3. The uncodified law of the State of Alaska is amended by                                
adding a new section to read:                                                                       
 RETROACTIVITY. Section 1 of this Act is retroactive to                                             
May 10, 2006."                                                                                      
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Ramras:                                                                                             
                                                                                                    
 Delete "90"                                                                                    
 Insert "60"                                                                                    
                                                                                                    
Representative Ramras moved and asked unanimous consent that                                        
Amendment to Amendment No. 1 be adopted.                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment to Amendment No. 1 be                                         
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCS CSSB 2002(JUD)                                                                                  
Second Reading                                                                                      
Amendment to Amendment No. 1                                                                        
                                                                                                    
YEAS:  18   NAYS:  20   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Harris, Hawker, Holm, Kelly,                                    
Kohring, LeDoux, Lynn, Meyer, Olson, Ramras, Samuels, Seaton,                                       
Stoltze, Thomas, Wilson                                                                             
                                                                                                    

2006-06-06                     House Journal                      Page 4160
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kerttula, Kott,                                       
McGuire, Moses, Neuman, Rokeberg, Salmon, Weyhrauch                                                 
                                                                                                    
Excused:  Foster                                                                                    
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
Hawker changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, Amendment to Amendment No. 1 was not adopted.                                               
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 2002(JUD)                                                                                  
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  23   NAYS:  15   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kerttula, Kohring,                                    
LeDoux, Lynn, McGuire, Moses, Neuman, Ramras, Rokeberg,                                             
Salmon, Stoltze                                                                                     
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Harris, Hawker, Holm, Kelly,                                    
Kott, Meyer, Olson, Samuels, Seaton, Thomas, Weyhrauch, Wilson                                      
                                                                                                    
Excused:  Foster                                                                                    
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
And so, Amendment No. 1 was adopted, and the new title follows:                                     
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 2002(JUD) am H                                              
    "An Act increasing the time period for legislative and public                                   
    comment on a proposed contract and preliminary findings and                                     
    determinations under the Alaska Stranded Gas Development 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 the                                  
    time in which a final agency decision of the commissioner of                                    
    revenue made under that Act, the constitutionality of a law                                     
    authorizing a contract enacted under that Act, or the enforceability                            

2006-06-06                     House Journal                      Page 4161
    of a contract executed under a law authorizing a contract enacted                               
    under that Act must be legally challenged and by whom; and                                      
    providing for an effective date."                                                               
                                                                                                    
    (HCR 201 - title change resolution)                                                             
                                                                                                    
Amendment Nos. 2 and 3 were not offered.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 2002(JUD) am H be considered engrossed, advanced to third                                      
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
HCS CSSB 2002(JUD) am H was read the third time.                                                    
                                                                                                    
The question being:  "Shall HCS CSSB 2002(JUD) am H pass the                                        
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 2002(JUD) am H                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg,                                          
Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring,                                  
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Foster                                                                                    
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
And so, HCS CSSB 2002(JUD) am H passed the House.                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Kott gave notice of reconsideration of the vote on HCS                               
CSSB 2002(JUD) am H.