Legislature(2005 - 2006)

2006-06-07 House Journal

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2006-06-07                     House Journal                      Page 4167
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
                       TWENTY-FOURTH LEGISLATURE                                                 
                                                                                                    
                        SECOND SPECIAL SESSION                                                   
                                                                                                    
Juneau, Alaska                 Wednesday                  June 7, 2006                            
                                                                                                    
                           Twenty-ninth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 9:18 a.m.                                                                                 
                                                                                                    
Roll call showed 31 members present.  Representatives Foster and                                    
Weyhrauch had been previously excused from a call of the House                                      
today.  Representatives Berkowitz, Gardner, Joule, Kelly, Kerttula,                                 
Kohring, and Samuels were absent and their presence was noted later.                                
                                                                                                    
The invocation was offered by the Chaplain, Representative Kapsner.                                 
Representative McGuire moved and asked unanimous consent that the                                   
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    In recognition of the various spiritual beliefs present, I offer                                
    this invocation.                                                                                
                                                                                                    
    Dear Lord, Help us to find balance during this difficult time:                                  
    balance between family and work, between public and                                             
    private.                                                                                        
                                                                                                    
    Help us to see the grave importance of our work here today                                      
    without becoming self-important.  Help us to behave sincerely                                   
    and reasonably towards others and not cause confusion or                                        
    sorrow to anyone.                                                                               
                                                                                                    
    Help us all to love our enemies, those who defame and injure                                    
    us.                                                                                             
                                                                                                    

2006-06-07                     House Journal                      Page 4168
     Grant us the spirit of Christian reconciliation and meekness                                  
      that we may heartily forgive every injury and be reconciled                                  
    with our enemies.                                                                               
                                                                                                    
     We also pray for the quick recovery of Richard Foster and for                                 
    those fighting abroad for our freedom.                                                          
                                                                                                    
       In the name of the Father, the Son, and the Holy Ghost we                                   
    pray.  Amen.                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Crawford.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 28th legislative day of the Second Special Session be                               
approved as certified by the Assistant Chief Clerk.  There being no                                 
objection, it was so ordered.                                                                       
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
SB 2001                                                                                           
A message dated June 6, 2006, was read stating the Senate has failed                                
to concur in the House amendment to CSSB 2001(FIN), namely:                                         
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 2001(FIN) am H                                              
    "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."                                                               
                                                                                                    
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    
In the event the House fails to recede, the President appointed the                                 
following members to a Conference Committee to meet with a like                                     
committee from the House to consider the bills:                                                     
                                                                                                    

2006-06-07                     House Journal                      Page 4169
 Senator Stedman, Chair                                                                             
 Senator Huggins                                                                                    
 Senator French                                                                                     
                                                                                                    
**The presence of Representatives Berkowitz and Kerttula was noted.                                 
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 2001(FIN), namely HCS CSSB 2001(FIN)                                              
am H, and recommended that the members vote no.                                                     
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 2001(FIN)?"  The roll was taken with the following result:                                     
                                                                                                    
HCS CSSB 2001(FIN) am H                                                                             
Recede                                                                                              
                                                                                                    
YEAS:  5   NAYS:  27   EXCUSED:  2   ABSENT:  6                                                   
                                                                                                    
Yeas:  Chenault, Hawker, Kott, Rokeberg, Wilson                                                     
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Dahlstrom,                                   
Elkins, Gara, Gatto, Gruenberg, Guttenberg, Harris, Holm, Kapsner,                                  
Kerttula, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                       
Ramras, Salmon, Seaton, Stoltze, Thomas                                                             
                                                                                                    
Excused:  Foster, Weyhrauch                                                                         
                                                                                                    
Absent:  Croft, Gardner, Joule, Kelly, Kohring, Samuels                                             
                                                                                                    
And so, the House failed to recede.                                                                 
                                                                                                    
The Speaker had appointed a Conference Committee to consider the                                    
bills (page 4156).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
**The presence of Representatives Kelly and Samuels was noted.                                      
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 2002                                                                                           
Representative Kott brought up reconsideration of the vote on HCS                                   
CSSB 2002(JUD) am H (page 4161).                                                                    
                                                                                                    

2006-06-07                     House Journal                      Page 4170
The following was again before the House in third reading:                                          
                                                                                                    
    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                            
    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."                                                               
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
reconsideration of HCS CSSB 2002(JUD) am H be tabled.                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
The question being:  "Shall the reconsideration of HCS CSSB
2002(JUD) am H be tabled?"  The roll was taken with the following                                   
result:                                                                                             
                                                                                                    
HCS CSSB 2002(JUD) am H--RECONSIDERATION                                                            
Third Reading                                                                                       
Reconsideration - Table                                                                             
                                                                                                    
YEAS:  11   NAYS:  24   EXCUSED:  2   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gruenberg,                                     
Guttenberg, Kapsner, Kerttula, Moses, Salmon                                                        
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Elkins, Gatto, Harris, Hawker,                                  
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                           
Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                          
Thomas, Wilson                                                                                      
                                                                                                    
Excused:  Foster, Weyhrauch                                                                         
                                                                                                    

2006-06-07                     House Journal                      Page 4171
Absent:  Croft, Gardner, Joule                                                                      
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
**The presence of Representative Joule was noted.                                                   
                                                                                                    
Representative Kott moved and asked unanimous consent that the                                      
House return to second reading to rescind action in adopting                                        
Amendment No. 1.  There being no objection, it was so ordered.                                      
                                                                                                    
The Speaker stated that, without objection, HCS CSSB 2002(JUD)                                      
am H would be returned to second reading for all amendments.                                        
                                                                                                    
                                                                                                    
Representative Kott moved and asked unanimous consent that the                                      
House rescind previous action in adopting Amendment No. 1.                                          
                                                                                                    
There was objection.                                                                                
                                                                                                    
**The presence of Representative Gardner was noted.                                                 
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
adopting Amendment No. 1?"  The roll was taken with the following                                   
result:                                                                                             
                                                                                                    
HCS CSSB 2002(JUD) am H--RECONSIDERATION                                                            
Second Reading                                                                                      
Rescind Previous Action/Adopting Amendment No. 1                                                    
                                                                                                    
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Harris, Hawker, Kohring, Kott,                                  
McGuire, Meyer, Olson, Rokeberg, Samuels, Thomas, Wilson                                            
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly,                                 
Kerttula, LeDoux, Lynn, Moses, Neuman, Ramras, Salmon, Seaton,                                      
Stoltze                                                                                             
                                                                                                    
Excused:  Foster, Weyhrauch                                                                         
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    

2006-06-07                     House Journal                      Page 4172
Amendment No. 3 was offered  by Representative Gruenberg:                                            
                                                                                                    
Page 2, line 4:                                                                                     
 Delete "60"                                                                                        
 Insert "120"                                                                                       
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 2002(JUD) am H--RECONSIDERATION                                                            
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  19   NAYS:  19   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula,                                     
LeDoux, Moses, Ramras, Salmon, Thomas                                                               
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Elkins, Hawker, Holm, Kelly,                                    
Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg,                                       
Samuels, Seaton, Stoltze, Wilson                                                                    
                                                                                                    
Excused:  Foster, Weyhrauch                                                                         
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Amendment No. 4 was offered  by Representatives Kerttula and Croft:                                  
                                                                                                    
Page 2, line 4:                                                                                     
 Delete "60"                                                                                        
 Insert "90"                                                                                        
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 4 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    

2006-06-07                     House Journal                      Page 4173
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 2002(JUD) am H--RECONSIDERATION                                                            
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  28   NAYS:  10   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Harris, Joule, Kapsner, Kelly, Kerttula, LeDoux, McGuire, Moses,                                    
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas                                          
                                                                                                    
Nays:  Chenault, Hawker, Holm, Kohring, Kott, Lynn, Meyer,                                          
Neuman, Olson, Wilson                                                                               
                                                                                                    
Excused:  Foster, Weyhrauch                                                                         
                                                                                                    
And so, Amendment No. 4 was adopted.                                                                
                                                                                                    
HCS CSSB 2002(JUD) am H was automatically in third reading.                                         
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 2002(JUD) am H                                    
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
HCS CSSB 2002(JUD) am H--RECONSIDERATION                                                            
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  2   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Harris, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux,                               
Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                       
Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson                                                    
                                                                                                    
Nays:  Chenault, Hawker                                                                             
                                                                                                    
Excused:  Foster, Weyhrauch                                                                         
                                                                                                    
And so, HCS CSSB 2002(JUD) am H passed the House on                                                 
reconsideration.                                                                                    
                                                                                                    

2006-06-07                     House Journal                      Page 4174
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.                                
                                                                                                    
HCS CSSB 2002(JUD) am H was referred to the Chief Clerk for                                         
engrossment.                                                                                        
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair; and so, the House recessed at 10:38 a.m.                                       
                                                                                                    
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 7:06 p.m.                                             
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HCR 201                                                                                           
The following, which passed the House and was engrossed and signed                                  
by the Speaker and Chief Clerk on June 6, 2006 (page 4163), was                                     
transmitted to the Senate for consideration:                                                        
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 201                                                             
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 2002,                                  
    relating to jurisdiction and timing of judicial review of a contract                            
    executed under the Alaska Stranded Gas Development Act.                                         
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
SB 2002                                                                                           
HCS CSSB 2002(JUD) am H was engrossed, signed by the Speaker                                        
and Chief Clerk and transmitted to the Senate for consideration.                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published under separate cover.                                       
                                                                                                    

2006-06-07                     House Journal                      Page 4175
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., June 8, 2006.  There being no                                       
objection, the House adjourned at 7:07 p.m.                                                         
                                                                                                    
                                           Stephanie Hall                                           
                                           Assistant Chief Clerk