Legislature(2023 - 2024)

2024-05-15 Senate Journal

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2024-05-15                     Senate Journal                      Page 2848
HB 122                                                                                                                        
CS FOR HOUSE BILL NO. 122(FIN) am "An Act authorizing the                                                                       
Alaska Railroad Corporation to issue revenue bonds to finance the                                                               
replacement of the Alaska Railroad Corporation's passenger dock and                                                             
related terminal facility in Seward, Alaska; authorizing the Alaska                                                             
Railroad Corporation to issue revenue bonds to finance the completion                                                           
of the Port MacKenzie Rail Extension in Point MacKenzie, Alaska;                                                                
and providing for an effective date" was read the second time.                                                                  
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Senate Committee Substitute offered on                                                              
page 2630. Without objection, SENATE CS FOR CS FOR HOUSE                                                                        
BILL NO. 122(FIN) "An Act authorizing the Alaska Railroad                                                                       
Corporation to issue revenue bonds to finance the replacement of the                                                            
Alaska Railroad Corporation's passenger dock and related terminal                                                               
facility in Seward, Alaska; and providing for an effective date" was                                                            
adopted.                                                                                                                        
                                                                                                                                
Senator Myers offered Amendment No. 1 :                                                                                          
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to the review of the Alaska Railroad                                                                    
Corporation's assets; relating to the Alaska Railroad                                                                         
Corporation's annual reporting requirements;"                                                                                 
                                                                                                                                
Page 1, following line 4:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Section 1. AS 42.40.260(a) is amended to read:                                                                             
          (a)  Within 90 days following the end of the fiscal year of the                                                       
     Alaska Railroad, the board shall present to the governor a report                                                          
     describing the operations and financial condition of the                                                                   
     corporation during the preceding fiscal year. The report may                                                               
     include suggestions for legislation relating to the structure,                                                             
     powers, or duties of the corporation or to the operation or facilities                                                     
     of the corporation. Subject to AS 42.40.220, the report shall                                                              
     itemize the cost of providing each category of service offered by                                                          

2024-05-15                     Senate Journal                      Page 2849
     the railroad and the income generated by each category. The board                                                          
     shall submit the report to the senate secretary and chief clerk                                                        
     of the house of representatives and notify the legislature that the                                                    
     report is available.                                                                                                       
   * Sec. 2. AS 42.40.260 is amended by adding a new                                                                          
subsection to read:                                                                                                             
          (d)  The annual report must include a complete accounting,                                                            
     audited by an independent outside auditor, of the assets of the                                                            
     corporation and the results of the review and determination made                                                           
     under AS 42.40.545.                                                                                                        
   * Sec. 3. AS 42.40 is amended by adding a new section to article 6                                                         
to read:                                                                                                                        
          Sec. 42.40.545. Annual Review of Assets. (a) The                                                                    
     corporation shall annually review the corporation's assets to                                                              
     determine whether assets of the corporation exceed an amount                                                               
     required to fulfill the purposes of the corporation as described in                                                        
     this chapter. In making its review, the board shall determine                                                              
     whether, and to what extent, assets in excess of the amount                                                                
     required to fulfill the purposes of the corporation during the next                                                        
     fiscal year are available without                                                                                          
              (1)  breaching an agreement entered into by the                                                                   
     corporation;                                                                                                               
              (2)  materially impairing the operations or financial                                                             
     integrity of the corporation; or                                                                                           
              (3)  materially affecting the ability of the corporation to                                                       
     fulfill the purposes of the corporation as described in this chapter.                                                      
          (b)  The corporation shall specifically identify in the                                                               
     corporation's assets the amounts that the board believes are                                                               
     necessary to meet the requirements of (a)(3) of this section."                                                             
                                                                                                                                
Page 1, line 5:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 4"                                                                                                          
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Senator Myers moved for the adoption of Amendment No. 1. Senator                                                                
Stedman objected.                                                                                                               
                                                                                                                                
                                                                                                                                

2024-05-15                     Senate Journal                      Page 2850
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 122(FIN)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Dunbar, Giessel, Gray-Jackson, Hughes, Kawasaki, Kiehl,                                                                  
Myers, Olson, Shower, Wielechowski                                                                                              
                                                                                                                                
Nays:  Bishop, Bjorkman, Claman, Hoffman, Kaufman, Merrick,                                                                     
Stedman, Stevens, Tobin, Wilson                                                                                                 
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Giessel moved and asked unanimous consent the bill be                                                                   
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) "An Act                                                                            
authorizing the Alaska Railroad Corporation to issue revenue bonds to                                                           
finance the replacement of the Alaska Railroad Corporation's                                                                    
passenger dock and related terminal facility in Seward, Alaska; and                                                             
providing for an effective date" was read the third time.                                                                       
                                                                                                                                
Senator Wilson moved and asked unanimous consent to abstain from                                                                
voting due to a conflict of interest. Objections were heard and Senator                                                         
Wilson was required to vote.                                                                                                    
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 122(FIN) "An Act authorizing the Alaska Railroad Corporation to                                                             
issue revenue bonds to finance the replacement of the Alaska Railroad                                                           
Corporation's passenger dock and related terminal facility in Seward,                                                           
Alaska; and providing for an effective date" pass the Senate?" The roll                                                         
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 122(FIN)                                                                                                               
Third Reading - Final Passage                                                                                                   
Effective Date(s)                                                                                                               
                                                                                                                                

2024-05-15                     Senate Journal                      Page 2851
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Myers, Olson,                                                                       
Stedman, Stevens, Tobin, Wielechowski, Wilson                                                                                   
                                                                                                                                
Nays:  Hughes, Shower                                                                                                           
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN)                                                                            
passed the Senate.                                                                                                              
                                                                                                                                
Senator Giessel moved and asked unanimous consent the vote on the                                                               
passage of the bill be considered the vote on the effective date                                                                
clause(s). Without objection, it was so ordered and the bill was                                                                
referred to the Secretary for engrossment.