Legislature(2005 - 2006)
2006-06-08 Senate Journal
Full Journal pdf2006-06-08 Senate Journal Page 3591 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SPECIAL SESSION Juneau, Alaska Thursday June 8, 2006 Thirtieth Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:58 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Lindy Stoops. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Dear Father in heaven, We thank You for this chance to meet as a legislative body one last time in this second special session. We come before Thee to express our appreciation for this beautiful sunny day, it reveals and highlights some of the world's most unique and untouched natural landscape. Lord we are so grateful for the opportunity to explore Thy creation and witness the beauties that we can enjoy only in this beautiful and vast land of Alaska. We ask Thee to bless these twenty special people who are being called upon to make some of the most important decisions that will affect the lives of individual Alaskans. These decisions will not only affect our state, but the entire country, and perhaps even the rest of the world, so I ask Thee Father to watch over and to guide them every step of this 2006-06-08 Senate Journal Page 3592 sometimes grueling process. We also ask that Thou wilt be with our families who some have been apart from for such a long duration during this extended session. We thank Thee for the strength that it has taken to give all of this extra time away from our families and everyday lives. Again we thank Thee for the bounties of life we enjoy, for our physical health and strength that allows us to perform our everyday responsibilities, and Thy projecting care over our families and ourselves. In the name of Jesus Christ, Amen. Senator Olson led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the twenty-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SCR 27 Message dated June 7 was received stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 441, relating to operating motor vehicles, aircraft, and watercraft while under the influence and treatment programs. Legislative Resolve No. 42 2006-06-08 Senate Journal Page 3593 SCR 28 Message dated June 8 was received stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 28(HES) Relating to the innovative application of education technology tools to provide improved distance education programs in the state. Legislative Resolve No. 43 SCR 33 Message dated June 7 was received stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 33 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 16, relating to funding for school districts operating secondary school boarding programs. Legislative Resolve No. 44 SCR 23 Message dated June 7 was received stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 41, relating to certain sentences for assault in the fourth degree. Legislative Resolve No. 45 2006-06-08 Senate Journal Page 3594 SCR 30 Message dated June 7 was received stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 258, relating to aggravating factors at sentencing for sexual assault and sexual abuse. Legislative Resolve No. 46 SCR 32 Message dated June 7 was received stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Joint Resolution No. 9, urging the United States Congress to honor the process and judgment of the federal courts in the case of the Exxon Valdez disaster and to refrain from enacting legislation that would affect the outcome of the courts' resolution of the case. Legislative Resolve No. 47 SCR 34 Message dated June 7 was received stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 34 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 334, relating to an exemption from and deferral of municipal property taxes for certain types of deteriorated property. Legislative Resolve No. 48 2006-06-08 Senate Journal Page 3595 Special Committee Reports SB 2001 June 8, 2006 Mr. President: Mr. Speaker: The Conference Committee considering CS FOR SENATE BILL NO. 2001(FIN) "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 HOUSE CS FOR CS FOR SENATE BILL NO. 2001(FIN) am H has failed to come to agreement on the specific points listed below and respectfully requests limited powers of free conference on these points: Senate Version House Version Tax Rate .011(e) page 3 .011(e) page 3 .160(a) page 19 .011(j) page 5 Progressivity Surcharge .011(g)&(h) page 4 .011(g)&(h) page 4 Credit Usage No reference .024(c) page 10 Credit for Annual Loss .024(b) page 8 .024(b) page 10 Signing the report: Senator Stedman, Chair, Senators Huggins, French; Representative Samuels, Chair, Representatives Kelly, Kerttula. President Stevens granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. 2006-06-08 Senate Journal Page 3596 SB 2001 The following report was received and distributed at 10:30 p.m., June 8, 2006: June 8, 2006 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered CS FOR SENATE BILL NO. 2001(FIN) and HOUSE CS FOR CS FOR SENATE BILL NO. 2001(FIN) am H and recommends CONFERENCE CS FOR SENATE BILL NO. 2001 "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." be adopted. Signing the report: Senator Stedman, Chair, Senators Huggins, French; Representative Samuels, Chair, Representatives Kelly, Kerttula. The following fiscal information was published today: Fiscal Note No. 5, Department of Revenue The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Natural Resources Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 2001. 2006-06-08 Senate Journal Page 3597 The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 2001 "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"?" The roll was taken with the following result: CCS SB 2001 Shall the Senate adopt the Conference Committee Report? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens G, Therriault, Wagoner, Wilken Nays: Cowdery, Ellis, Elton, French, Guess, Stevens B and so, the report was adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clause. Senator Guess objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CCS SB 2001 Effective Date Clause YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, the effective date clause was adopted. The Secretary was requested to notify the House. 2006-06-08 Senate Journal Page 3598 Unfinished Business Senators Dyson, Seekins, Cowdery, Hoffman, Wagoner moved and asked unanimous consent to be excused from a call of the Senate from July 15 to July 22. Without objection, Senators Dyson, Seekins, Cowdery, Hoffman, Wagoner were excused. Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from July 11 to July 16. Without objection, Senator Bunde was excused. Senator Davis moved and asked unanimous consent to be excused from a call of the Senate from June 21 to June 27. Without objection, Senator Davis was excused. Senator French moved and asked unanimous consent to be excused from a call of the Senate from July 7 to July 14. Without objection, Senator French was excused. Senator Gary Stevens moved and asked unanimous consent that President Stevens be excused from a call of the Senate from June 28 to July 5. Without objection, Senator Ben Stevens was excused. SB 2004 The reconsideration on CS FOR SENATE BILL NO. 2004(NGD) "An Act relating to the Alaska Stranded Gas Development Act, including clarifications or provision of additional authority for the development of stranded gas fiscal contract terms; making a conforming amendment to the Revised Uniform Arbitration Act; relating to municipal impact money received under the terms of a stranded gas fiscal contract; relating to determination of full and true value of property and required contributions for education in municipalities affected by stranded gas fiscal contracts; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. 2006-06-08 Senate Journal Page 3599 Engrossment SB 2004 CS FOR SENATE BILL NO. 2004(NGD) "An Act relating to the Alaska Stranded Gas Development Act, including clarifications or provision of additional authority for the development of stranded gas fiscal contract terms; making a conforming amendment to the Revised Uniform Arbitration Act; relating to municipal impact money received under the terms of a stranded gas fiscal contract; relating to determination of full and true value of property and required contributions for education in municipalities affected by stranded gas fiscal contracts; and providing for an effective date" was engrossed and signed by the President and Secretary. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Second Special Session of Twenty-Fourth Alaska State Senate stand in adjournment sine die. Without objection, the Senate adjourned at 11:32 p.m. Kirsten Waid Secretary of the Senate June 2006 2006-06-08 Senate Journal Page 3600 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON NATURAL GAS DEV Jun 08 Thursday Senate Finance 532 8:00 AM Round Table Question & Answer Session - Legislators - Consultants - Producers - Administration ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE ON SENATE BILL 2001 Jun 08 Thursday Butrovich 205 9:15 PM -- Continued from 6/7/06 -- = SB2001 OIL AND GAS TAX