Legislature(2003 - 2004)

2004-04-06 Senate Journal

Full Journal pdf

2004-04-06                     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."