Legislature(2003 - 2004)
2004-04-06 Senate Journal
Full Journal pdf2004-04-06 Senate Journal Page 2800 SB 40 CS FOR SENATE BILL NO. 40(FIN) was read the third time. Senator Olson moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Olson offered Amendment No. 1 : Page 1, lines 8 - 11: Delete "when the estimated cost of a construction project is less than $100,000 or when it appears to be in the best interests of the state and the estimated cost of a construction project is $250,000 or less, the department may perform the work notwithstanding any other provisions of law." Insert "the department may perform the work, notwithstanding any other provisions of law, when 2004-04-06 Senate Journal Page 2801 (1) the estimated cost of a construction project is less than $100,000; (2) the construction project is not connected by a land road or the Alaska marine highway system to the main road system of the state and the commissioner determines that [OR WHEN] it appears to be in the best interests of the state; or (3) the construction project is connected by a land road or the Alaska marine highway system to the main road system of the state, the estimated cost of a construction project is $250,000 or less, and the commissioner determines that it appears to be in the best interests of the state [, THE DEPARTMENT MAY PERFORM THE WORK NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW]." Page 1, line 13, through page 2, line 5: Delete all material and insert: "(a) Except as provided in AS 44.33.300, it is the general policy of the state to require the construction of all highways under bid contract in accordance with AS 36.30 (State Procurement Code). However, subject to the provisions of (b) of this section, when the estimated cost of a construction project is less than $100,000 or when it appears to be in the best interests of the state, the department may perform the work, notwithstanding any other provisions of law [THE DEPARTMENT MAY PERFORM THE WORK, NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, WHEN (1) THE ESTIMATED COST OF A CONSTRUCTION PROJECT IS LESS THAN $100,000; (2) THE CONSTRUCTION PROJECT IS NOT CONNECTED BY A LAND ROAD OR THE ALASKA MARINE HIGHWAY SYSTEM TO THE MAIN ROAD SYSTEM OF THE STATE AND THE COMMISSIONER DETERMINES THAT IT APPEARS TO BE IN THE BEST INTERESTS OF THE STATE; OR (3) THE CONSTRUCTION PROJECT IS CONNECTED BY A LAND ROAD OR THE ALASKA MARINE HIGHWAY SYSTEM TO THE MAIN ROAD SYSTEM OF THE STATE, THE ESTIMATED COST OF A CONSTRUCTION PROJECT IS $250,000 OR LESS, AND THE COMMISSIONER DETERMINES THAT IT APPEARS TO BE IN THE BEST INTERESTS OF THE STATE]." 2004-04-06 Senate Journal Page 2802 Senator Olson moved for the adoption of Amendment No. 1. Senator Cowdery objected. Senator Gary Stevens moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: Under paragraph (3), following "road": Delete "or the Alaska marine highway system" Without objection, Amendment No. 1 was amended. The question being: "Shall Amendment No. 1 as amended be adopted?" CSSB 40(FIN) Second Reading Amendment No. 1 as amended YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson, Stevens G Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Therriault, Wagoner, Wilken and so, Amendment No. 1 as amended failed to be adopted. CS FOR SENATE BILL NO. 40(FIN) was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 40(FIN) "An Act relating to construction of highways by the Department of Transportation and Public Facilities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 40(FIN) Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson, Stevens G 2004-04-06 Senate Journal Page 2803 and so, CS FOR SENATE BILL NO. 40(FIN) passed the Senate. Senator Ben Stevens moved for the adoption of the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 40(FIN) Effective Date Clause YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Green, Guess, Ogan, Seekins, Stedman, Stevens B, Therriault, Wagoner, Wilken Nays: Ellis, Elton, French, Hoffman, Lincoln, Olson, Stevens G and so, the effective date clause failed to be adopted. Senator Ellis gave notice of reconsideration on CS FOR SENATE BILL NO. 40(FIN)(efd fld) "An Act relating to construction of highways by the Department of Transportation and Public Facilities."