04/25/2006 08:30 AM Senate JUDICIARY

          SB 316-COURT REVIEW OF STRANDED GAS DECISION                                                                      
                                                                                                                              
9:02:10 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 316 to be up for consideration.                                                                
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved to  adopt CSSB 316(JUD)  version Y                                                               
as  the  working  document  before   the  committee.  Hearing  no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
CHAIR SEEKINS  reviewed the changes  in the  committee substitute                                                               
(CS). The title  has been changed. Section 1 makes  it clear that                                                               
the  portions of  the  records  and files  of  the Department  of                                                               
Revenue   (DOR),   Department   of  Natural   Resources,   (DNR),                                                               
Department  of  Law  (DOL),  and  any  municipal  advisory  group                                                               
established reflect, incorporate, or  analyze information that is                                                               
relevant to the  development of the strategy  of the commissioner                                                               
are  public  records after  the  commissioner  of the  DOR  gives                                                               
public notice.                                                                                                                  
                                                                                                                                
CHAIR SEEKINS advised  committee members that he  would give them                                                               
time to  review the CS and  the committee would discuss  the bill                                                               
more the following day.                                                                                                         
                                                                                                                                
9:06:15 AM                                                                                                                    
SENATOR GENE THERRIAULT asked whether  the process of a challenge                                                               
to the  findings and  determination of  the Legislature  would be                                                               
the same as a challenge to the commissioner's findings.                                                                         
                                                                                                                                
CHAIR SEEKINS deferred the question  to a representative from the                                                               
Department of Law.                                                                                                              
                                                                                                                                
SENATOR THERRIAULT reiterated his question for the witness.                                                                     
                                                                                                                                
LARRY OSTROVSKY,  Assistant Attorney  General, Oil, Gas  & Mining                                                               
Section, Department  of Law  (DOL), said he  did not  have enough                                                               
time to review the CS and give an affirmative answer.                                                                           
                                                                                                                                
SENATOR   THERRIAULT  suggested   the  committee   wait  to   ask                                                               
questions.                                                                                                                      
                                                                                                                                
SENATOR FRENCH informed Mr. Ostrovsky  that his chief concern was                                                               
whether  or  not the  CS  preserves  every substantive  right  to                                                               
challenge the finding.                                                                                                          
                                                                                                                                
CHAIR SEEKINS  said his understanding  was that  the Legislature,                                                               
by inserting  itself into  the procedure,  was the  final trigger                                                               
point. It  would be  up to  the Legislature  to determine  if the                                                               
commissioner's findings support whether  the contract would be in                                                               
the best financial interest of the State of Alaska.                                                                             
                                                                                                                                
9:10:58 AM                                                                                                                    
CHAIR SEEKINS held SB 316 in committee.