Legislature(2013 - 2014)

2014-04-12 Senate Journal

Full Journal pdf

2014-04-12                     Senate Journal                      Page 2423
HB 23                                                                                                                         
SENATE CS FOR 2d CS FOR HOUSE BILL NO. 23(FIN) "An Act                                                                          
relating to the Knik Arm Bridge and Toll Authority; relating to the                                                             
bonding authority of the Knik Arm Bridge and Toll Authority; relating                                                           
to toll bridge revenue bonds; creating the toll bridge revenue fund, the                                                        
toll bridge revenue bond redemption fund, and the bond reserve fund;                                                            
relating to powers and duties of the state bond committee; and                                                                  
providing for an effective date" was read the third time.                                                                       
                                                                                                                                

2014-04-12                     Senate Journal                      Page 2424
Senator Coghill moved that SENATE CS FOR 2d CS FOR HOUSE                                                                        
BILL NO. 23(FIN) be returned to second reading for all amendments                                                               
offered today. Without objection, the bill was returned to second                                                               
reading.                                                                                                                        
                                                                                                                                
Senator Ellis offered Amendment No. 1:                                                                                          
                                                                                                                                
Page 4, line 6, following the second occurrence of "land":                                                                      
     Insert "only if the Federal Highway Administration, United                                                             
States Department of Transportation, has approved a loan to the                                                             
authority for construction of the Knik Arm Crossing under 23                                                                
U.S.C. 601 - 609 (Transportation Infrastructure Finance and                                                                 
Innovation Act of 1998)"                                                                                                    
                                                                                                                                
Page 4, following line 13:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 3. AS 19.75 is amended by adding a new section to read:                                                               
          Sec. 19.75.112. Property of the authority. Notwithstanding                                                          
     AS 19.75.111(a)(6), the authority may not dispose of or destroy                                                            
     properties acquired through purchase or the power of eminent                                                               
     domain or a declaration of taking under AS 09.55.240 until the                                                             
     Federal Highway Administration, United States Department of                                                                
     Transportation, has approved a loan to the authority for                                                                   
     construction of the Knik Arm Crossing under 23 U.S.C. 601 - 609                                                            
     (Transportation Infrastructure Finance and Innovation Act of                                                               
     1998)."                                                                                                                    
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator Ellis moved for the adoption of Amendment No. 1. Senator                                                                
McGuire objected.                                                                                                               
                                                                                                                                
Senator McGuire moved and asked unanimous consent for the                                                                       
adoption of the following amendment to Amendment No. 1:                                                                         
                                                                                                                                
In Amendment No. 1, under Sec. 19.75.112. Property of the                                                                     
authority., following "through":                                                                                              
 Delete "purchase or"                                                                                                           
                                                                                                                                
                                                                                                                                

2014-04-12                     Senate Journal                      Page 2425
Senator Coghill objected, then withdrew his objection. There being no                                                           
further objection, Amendment No. 1 was amended.                                                                                 
                                                                                                                                
Senator McGuire withdrew her objection.                                                                                         
                                                                                                                                
There being no further objection, Amendment No. 1 as amended was                                                                
adopted.                                                                                                                        
                                                                                                                                
Senators Gardner, Ellis offered Amendment No. 2:                                                                                
                                                                                                                                
Page 7, following line 2:                                                                                                       
     Insert a new subsection to read:                                                                                           
          "(g) The state may not issue bonds under (a) of this section for                                                      
     financing the Knik Arm Crossing until the Knik Arm Bridge and                                                              
     Toll Authority has delivered to the legislature the report from the                                                        
     contract issued by the authority in 2013 to conduct updated peer                                                           
     review and socioeconomic data used in the projections for the                                                              
     Knik Arm Crossing traffic and toll revenue."                                                                               
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 2.                                                                      
Senator McGuire objected.                                                                                                       
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
SCS 2d CSHB 23(FIN) am S                                                                                                        
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Olson, Wielechowski                                                                              
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman,                                                                     
Stevens                                                                                                                         
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2014-04-12                     Senate Journal                      Page 2426
Senator Wielechowski offered Amendment No. 3:                                                                                   
                                                                                                                                
Page 1, line 2, following "Authority;":                                                                                       
     Insert "requiring certain products used in construction                                                                  
contracts for the Knik Arm bridge to be made in the United                                                                    
States;"                                                                                                                      
                                                                                                                                
Page 6, following line 2:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 7.  AS 19.75 is amended by adding a new section to article 3                                                          
to read:                                                                                                                        
          Sec. 19.75.900. Use of materials manufactured in the                                                                
     United States. (a) Notwithstanding any other provision of law,                                                           
     the authority shall include in a construction contract for the Knik                                                        
     Arm bridge entered into by the authority a provision under which                                                           
     the contractor agrees that steel, iron, and manufactured products                                                          
     with a total value greater than $5,000 used or supplied by the                                                             
     contractor and any subcontractors in the performance of the                                                                
     contract, including any subcontract, will be made in the United                                                            
     States.                                                                                                                    
          (b)  A product shall be considered to be made in the United                                                           
     States under this section if                                                                                               
              (1)  the components of the product are made primarily of                                                          
     iron or steel, and all manufacturing of the product takes place in                                                         
     the United States, except metallurgical processes involving the                                                            
     refinement of steel; or                                                                                                    
              (2)  the product is not made primarily of iron or steel, and                                                      
     all of                                                                                                                     
                   (A)  the manufacturing processes of the product take                                                         
          place in the United States; and                                                                                       
                   (B)  the components of the product are made in the                                                           
          United States, even if the subcomponents originate in another                                                         
          country.                                                                                                              
          (c)  Except as provided by (f) of this section, the authority                                                         
     may, on request of a contractor, request the commissioner of                                                               
     transportation and public facilities to waive the requirement in (a)                                                       
     of this section for a construction contract.  The commissioner may                                                         
     grant the request if the commissioner determines that                                                                      
              (1)  the requirement is not consistent with the public                                                            
     interest;                                                                                                                  

2014-04-12                     Senate Journal                      Page 2427
              (2)  the materials are not made in the United States in a                                                         
     sufficient quantity that is reasonably available and of a satisfactory                                                     
     quality; or                                                                                                                
              (3)  inclusion of materials made in the United States will                                                        
     increase the cost of the contract by more than 25 percent.                                                                 
          (d)  Before the commissioner of transportation and public                                                             
     facilities grants a waiver under (c) of this section, the                                                                  
     commissioner shall                                                                                                         
              (1)  place on the Alaska Online Public Notice System                                                              
     (AS 44.62.175) a notice that gives a detailed written justification                                                        
     why the waiver satisfies the requirements of (c) of this section and                                                       
     that allows persons to provide comments to the authority for a                                                             
     reasonable period of time; and                                                                                             
              (2)  consider all comments received under (1) of this                                                             
     subsection.                                                                                                                
          (e)  A person is not eligible to receive a construction contract                                                      
     under (a) of this section or to receive a subcontract from the                                                             
     contractor if a court, state agency, or a federal agency, after notice                                                     
     and an opportunity to be heard, determines the person                                                                      
     intentionally                                                                                                              
              (1)  placed a label stating "made in America," or other                                                           
     wording with the same meaning, on a product used in a                                                                      
     construction contract to which this section applies, and the product                                                       
     was not made in the United States; or                                                                                      
              (2)  falsely represented to the authority that a product                                                          
     used in the construction contract for the Knik Arm bridge was                                                              
     made in the United States.                                                                                                 
          (f)  The authority may not waive the requirements of (a) of                                                           
     this section for a construction contract if the commissioner of                                                            
     transportation and public facilities, after consulting with the                                                            
     United States Trade Representative, determines that the product is                                                         
     made in a foreign country and that the foreign country                                                                     
              (1)  is a party to an agreement with the United States, and,                                                      
     under that agreement, the head of a federal agency of the United                                                           
     States has waived the requirements of this section; and                                                                    
              (2)  has violated the terms of the agreement identified in                                                        
     (1) of this subsection by discriminating against construction                                                              
     products that are made in the United States and that are covered                                                           
     by the agreement.                                                                                                          
                                                                                                                                

2014-04-12                     Senate Journal                      Page 2428
          (g)  In this section,                                                                                                 
              (1)  "construction" means the process of building,                                                                
     altering, repairing, maintaining, improving, demolishing,                                                                  
     planning, or designing the Knik Arm bridge and its appurtenant                                                             
     facilities;                                                                                                                
              (2)  "contractor" means a person who enters into a                                                                
     construction contract with the authority;                                                                                  
              (3)  "intentionally" has the meaning given in                                                                     
     AS 11.81.900;                                                                                                              
              (4)  "United States" means the United States of America,                                                          
     the District of Columbia, the Commonwealth of Puerto Rico, and                                                             
     the territorial possessions of the United States of America."                                                              
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator Wielechowski moved and asked unanimous consent for the                                                                  
adoption of Amendment No. 3. Senator Fairclough objected, then                                                                  
withdrew her objection. There being no further objection, Amendment                                                             
No. 3 was adopted.                                                                                                              
                                                                                                                                
SENATE CS FOR 2d CS FOR HOUSE BILL NO. 23(FIN) am S "An                                                                         
Act relating to the Knik Arm Bridge and Toll Authority; relating to the                                                         
bonding authority of the Knik Arm Bridge and Toll Authority;                                                                    
requiring certain products used in construction contracts for the Knik                                                          
Arm bridge to be made in the United States; relating to toll bridge                                                             
revenue bonds; creating the toll bridge revenue fund, the toll bridge                                                           
revenue bond redemption fund, and the bond reserve fund; relating to                                                            
powers and duties of the state bond committee; and providing for an                                                             
effective date" was automatically in third reading.                                                                             
                                                                                                                                
The question being: "Shall SENATE CS FOR 2d CS FOR HOUSE                                                                        
BILL NO. 23(FIN) am S "An Act relating to the Knik Arm Bridge and                                                               
Toll Authority; relating to the bonding authority of the Knik Arm                                                               
Bridge and Toll Authority; requiring certain products used in                                                                   
construction contracts for the Knik Arm bridge to be made in the                                                                
United States; relating to toll bridge revenue bonds; creating the toll                                                         
bridge revenue fund, the toll bridge revenue bond redemption fund,                                                              
and the bond reserve fund; relating to powers and duties of the state                                                           
bond committee; and providing for an effective date" pass the                                                                   
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                

2014-04-12                     Senate Journal                      Page 2429
SCS 2d CSHB 23(FIN) am S                                                                                                        
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman,                                                                     
Stevens, Wielechowski                                                                                                           
                                                                                                                                
Nays:  Ellis, French, Gardner, Olson                                                                                            
                                                                                                                                
and so, SENATE CS FOR 2d CS FOR HOUSE BILL                                                                                      
NO. 23(FIN) am S passed the Senate.                                                                                             
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the vote on                                                              
the passage of the bill be considered the vote on the effective date                                                            
clause. Without objection, it was so ordered.                                                                                   
                                                                                                                                
Senator Ellis gave notice of reconsideration.