Legislature(1993 - 1994)
1994-04-19 House Journal
Full Journal pdf1994-04-19 House Journal Page 3589 SB 178 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Larson, Menard, Navarre, Nicholia, Nordlund, Parnell, Sitton, Ulmer, Willis 1994-04-19 House Journal Page 3590 SB 178 Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brown: Page 2, line 30 following "prevails in": Delete "the defense of the" Insert "a" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 2 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 2 was not adopted. 1994-04-19 House Journal Page 3591 SB 178 Amendment No. 3 was offered by Representative Brown: Page 2, line 12, after "long as": Delete "both of" Page 2, line 15, after "creates a": Insert "civil public or private" Page 2, after line 18: Insert a new subparagraph to read: "(3) 18 AAC 50.110 defines air pollution as creating a civil public or private nuisance." Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 24 EXCUSED: 1 ABSENT: 1 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Williams 1994-04-19 House Journal Page 3592 SB 178 Excused: Vezey Absent: Toohey And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brown: Page 2, line 11, after "authorization": Insert "The provisions of (b) of this section do not apply unless the authorizing license, permit or order was issued after a written finding by the authorizing agency that no substantial or unreasonable interference with the use or enjoyment of real property, including water, will result from the authorized activity." Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 4 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1994-04-19 House Journal Page 3593 SB 178 Nays: Barnes, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brown: Page 2, line 1: Delete "and" Page 2, line 6: Delete "or" Insert "and" Page 2, after line 6, insert a new subparagraph to read: "(C) issued after a showing by the licensee, permittee, or person subject to the order that the proposed activity will not result in any emission or discharge that is injurious to human health or welfare, animal or plant life, or property, or that would injuriously interfere with the enjoyment of life or property; or" Representative Brown moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 5 YEAS: 12 NAYS: 25 EXCUSED: 1 ABSENT: 2 1994-04-19 House Journal Page 3594 SB 178 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey Absent: Navarre, Sitton And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Nordlund: Page 3, lines 12 - 14: Delete all material. Renumber the following section. Representative Nordlund moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. Representative Toohey rose to a point of order regarding disparaging remarks against people or corporations. The Speaker stated the point was well taken and cautioned the member to proceed in order. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1994-04-19 House Journal Page 3595 SB 178 HCS CSSB 178(FIN) Second Reading Amendment No. 6 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Green, Hoffman, Hudson, Larson, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Grussendorf, Hanley, James, Kott, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Brown: Page 1, line 10 after "discharge": Insert "for a specific pollutant" Representative Brown moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 7 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 1994-04-19 House Journal Page 3596 SB 178 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Nordlund: Page 1, line 9, following "than": Insert "hazardous waste or" Page 3, following line 1: Insert a new subsection to read: "(g) In this section, `hazardous waste' has the meaning given in AS 46.03.900." Representative Nordlund moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 8 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 1994-04-19 House Journal Page 3597 SB 178 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Finkelstein: Page 3, line 18: Delete all material. Insert a new bill section to read: "*Sec. 7. This Act takes effect July 31, 1995." Representative Finkelstein moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 9 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1994-04-19 House Journal Page 3598 SB 178 Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 9 was not adopted. Representative Phillips moved and asked unanimous consent that HCS CSSB 178(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 178(FIN) will be in third reading on the April 20, 1994, calendar. The Speaker stated that, without objection, the House would revert to: