Legislature(2001 - 2002)

2001-04-04 Senate Journal

Full Journal pdf

2001-04-04                     Senate Journal                      Page 0935
SB 48                                                                                             
SENATE BILL NO. 48 "An Act relating to the determination of full                                    
and true value of taxable municipal property for purposes of                                        
calculating funding for education and certain other programs; and                                   
relating to incorporation of second class boroughs in the unorganized                               
borough and to annexation of portions of the unorganized borough to                                 
boroughs and unified municipalities" was read the second time.                                      
                                                                                                    
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 854.                                   
Without objection, CS FOR SENATE BILL NO. 48(FIN) "An Act                                           
relating to the determination of full and true value of taxable                                     
municipal property for purposes of calculating funding for education                                
and certain other programs, to incorporation of third class boroughs, to                            
incorporation of certain boroughs in the unorganized borough and                                    
annexation of portions of the unorganized borough to boroughs and                                   
unified municipalities, and to the formation of separate unorganized                                
boroughs; and providing for an effective date" was adopted and read                                 
the second time.                                                                                    
                                                                                                    
Senators Olson, Hoffman, Lincoln, Davis, Elton offered Amendment                                    
No. 1 :                                                                                              
                                                                                                    
Page 4, line 17, after "community":                                                                 
 Delete "with at least 400 residents"                                                               
                                                                                                    
Senator Olson moved for the adoption of Amendment No. 1.                                            
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0936
                                                                                                    
CSSB 48(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  7   NAYS:  11   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Pearce                                         
                                                                                                    
Nays:  Donley, Green, Halford, Kelly, Leman, Phillips, Taylor,                                      
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
Absent:  Austerman                                                                                  
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
Senators Olson, Hoffman, Lincoln, Elton, Davis, Ellis offered                                       
Amendment No. 2 :                                                                                    
                                                                                                    
Page 3, line 26, after "Development":                                                               
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Page 3, line 29, after "department":                                                                
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 Insert  "may"                                                                                      
                                                                                                    
Page 4, line 3, after "commission":                                                                 
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      
                                                                                                    
Page 4, line 5, after "department"                                                                  
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      
                                                                                                    
Page 5, line 31, after "Development":                                                               
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      
                                                                                                    
Page 6,  line 4, after "Commission"                                                                 
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      

2001-04-04                     Senate Journal                      Page 0937
Senator Olson moved for the adoption of Amendment No. 2. Senator                                    
Wilken objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 48(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  6   NAYS:  12   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Donley, Green, Halford, Kelly, Leman, Pearce, Phillips,                                      
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
Absent:  Austerman                                                                                  
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
Senators Hoffman, Lincoln, Olson, Davis, Ellis, Elton offered                                       
Amendment No. 3 :                                                                                    
                                                                                                    
Page 4, line 26, after "more than":                                                                 
 Delete "two"                                                                                       
 Insert  "one"                                                                                      
                                                                                                    
Senator Hoffman moved for the adoption of Amendment No. 3.                                          
Senator Wilken objected.                                                                            
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0938
                                                                                                    
CSSB 48(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  6   NAYS:  12   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Donley, Green, Halford, Kelly, Leman, Pearce, Phillips,                                      
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
Absent:  Austerman                                                                                  
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
Senators Hoffman, Lincoln, Olson, Davis, Ellis, Elton offered                                       
Amendment No. 4 :                                                                                    
                                                                                                    
Page 4, line 17, after "community with at least"                                                    
 Delete "400"                                                                                       
 Insert  "200"                                                                                      
                                                                                                    
Senator Ellis called the Senate. The call was satisfied.                                            
                                                                                                    
Senator Hoffman moved for the adoption of Amendment No. 4.                                          
Senator Wilken objected, then withdrew his objection. There being no                                
further objections, Amendment No. 4 was adopted.                                                    
                                                                                                    
Senators Lincoln, Ellis, Olson, Davis, Elton, Hoffman offered                                       
Amendment No. 5 :                                                                                    
                                                                                                    
Page 4, line 20:                                                                                    
 Delete "incorporation or"                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0939
Page 5, lines 6-16,                                                                                 
 Delete all material.                                                                               
 Insert :                                                                                           
 "(e) When a petition for incorporation of an area is approved by                                   
the Local Boundary Commission under (c) of this section, the                                        
commission shall immediately notify the director of elections. Within                               
30 days after the notification, the director of elections shall order an                            
election in the area to determine whether voters desire incorporation                               
and, if so, to elect the initial borough officials. The election shall be                           
held under AS 29.05.120 not less than 30 nor more than 90 days after                                
the date of the election order. The election order must specify the dates                           
during which nomination petitions for election of initial officials may                             
be filed. If a majority of the voters voting on the question approve                                
incorporation, the area is incorporated on the first Monday following                               
certification of the election. AS 29.05.130 - 29.05.150, 29.05.190 -                                
29.05.210, and AS 29.65.030 apply to a borough incorporated under                                   
this section."                                                                                      
                                                                                                    
Senator Lincoln moved for the adoption of Amendment No. 5. Senator                                  
Wilken objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 5 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 48(FIN) am                                                                                     
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Donley, Green, Halford, Kelly, Leman, Pearce,                                     
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, Amendment No. 5 failed.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0940
Senators Lincoln, Ellis, Olson, Elton, Hoffman, Davis offered                                       
Amendment No. 6 :                                                                                    
                                                                                                    
Page 5, line 15, after "commission":                                                                
 Delete "without ratification by the voters"                                                        
                                                                                                    
Senator Lincoln moved for the adoption of Amendment No. 6. Senator                                  
Wilken objected.                                                                                    
                                                                                                    
Senator Kelly rose to a point of order. President Halford ruled the                                 
point well taken.                                                                                   
                                                                                                    
The question being: "Shall Amendment No. 6 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 48(FIN) am                                                                                     
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Therriault                                     
                                                                                                    
Nays:  Austerman, Donley, Green, Halford, Kelly, Leman, Pearce,                                     
Phillips, Taylor, Torgerson, Ward, Wilken                                                           
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, Amendment No. 6 failed.                                                                     
                                                                                                    
Senators Lincoln, Ellis, Olson, Elton, Hoffman, Davis offered                                       
Amendment No. 7 :                                                                                    
                                                                                                    
Page 3, line 27, after "borough":                                                                   
 Delete "reasonably appear to"                                                                      
                                                                                                    
Page 3, line 30, after "that":                                                                      
 Delete "reasonably appear to"                                                                      
                                                                                                    
Senator Lincoln moved for the adoption of Amendment No. 7. Senator                                  
Torgerson objected.                                                                                 
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0941
The question being: "Shall Amendment No. 7 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 48(FIN) am                                                                                     
Second Reading                                                                                      
Amendment No. 7                                                                                     
                                                                                                    
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Donley, Green, Halford, Kelly, Leman, Pearce,                                     
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, Amendment No. 7 failed.                                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 48(FIN) am                                                                                     
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Donley, Green, Halford, Kelly, Leman, Pearce,                                     
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
CS FOR SENATE BILL NO. 48(FIN) am will be on the April 5                                            
calendar.