Legislature(2001 - 2002)
2001-04-04 Senate Journal
Full Journal pdf2001-04-04 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": Delete "shall" Insert "may" Page 3, line 29, after "department": Delete "shall" 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.