Legislature(2005 - 2006)
2006-06-06 House Journal
Full Journal pdf2006-06-06 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.