Legislature(1993 - 1994)
1994-05-02 House Journal
Full Journal pdf1994-05-02 House Journal Page 3921 SB 308 Amendment No. 3 was before the House. The Speaker stated that, without objection, Amendment Nos. 3 and 4 would be held and considered after Amendment No. 5. Amendment No. 5 was offered by Representative Davies: Page 4, following line 21, insert a new subparagraph to read: "(D) Notwithstanding (C) above the director shall take note of testimony concerning negative effects of possible development in a later phase if those effects are reasonably foreseeable and likely to be material to that phase. The director shall include as part of the condition of a lease in a multiphased project a statement which generally provides that mitigation of such effects may be required in a later phase." Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Green objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 5 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis 1994-05-02 House Journal Page 3922 SB 308 Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 5 was not adopted. The House returned to consideration of Amendment No. 3 (page 2930) offered by Representative MacLean. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 3 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative MacLean: Page 4, lines 9 - 21: Delete all material. 1994-05-02 House Journal Page 3923 SB 308 Page 12, line 17 through Page 14, line 1: Delete all material. Page 14, following line 1, insert a new section to read: "*Sec. 8. The Division of Governmental Coordination shall establish a working group of affected local governments; coastal resource service area districts; commercial, sport and subsistence fishing interests; state and federal agencies; and industry. The working group shall develop standards and criteria for the phasing of projects under Title 38 and Title 46 and report back to the Nineteenth Alaska Legislature with its recommendations by the tenth day of the legislative session." Renumber following section accordingly. Representative MacLean moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Green objected. Representative Davidson placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 4 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund, Sitton, Willis 1994-05-02 House Journal Page 3924 SB 308 Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 4 was not adopted. Amendment No. 5 was considered earlier (page 3921). Amendment No. 6 was offered by Representative Davidson: Page 3, lines 18 - 20: Delete all material and insert: "(1) with the consent of the commissioner and subject to the director's discretion, for a specific proposed disposal of available land or an interest in land for oil and gas proposed to be scheduled in the five-year oil and gas leasing program under AS38.05.180(b), the director, in the written finding," Page 3, lines 29 and 30: Delete "land, resources, or property, or interest in them," Insert "land or interest in land" Page 4, line 23, after "under": Insert "(1) of" Page 4, lines 26 - 27: Delete "land, resources, or property, or an interest in them" Insert "land or an interest in land" Page 9, lines 4 and 5: Delete "except as otherwise provided in AS38.05.073 for land suitable for recreational facilities development leasing," Page 9, line 11: Delete "or (6)" 1994-05-02 House Journal Page 3925 SB 308 Representative Davidson moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Green objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 6 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Brown: Page 10, following line 16: Insert a new bill section to read: "* Sec. 6. AS38.05.180 is amended by adding a new subsection to read: (dd) When, under AS38.05.035(e)(1) and (g), the director prepares a written best interest finding for an oil and gas lease sale in which, under AS38.05.035(e)(1)(C), the best interest finding is limited to proposed exploration activities, the commissioner shall include in the lease 1994-05-02 House Journal Page 3926 SB 308 (1) terms and conditions, or shall reserve in the lease the right to establish terms and conditions, for subsequent phases of development and production as necessary to protect the interests of the state; and (2) the state's right to cancel all rights given by the lease and to repurchase the lease if the commissioner, in a best interest finding for any later phase of the proposed project, determines that development or production cannot proceed in a manner consistent with the best interests of the state." Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Green objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 7 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 7 was not adopted. 1994-05-02 House Journal Page 3927 SB 308 Amendment No. 8 was offered by Representative Nicholia: Page 4, line 10, after "development,": Delete "limit" Insert "focus" Page 4, line 11, after "disposal" Insert "on" Page 4, line 12: Delete "(iii)" Insert "(ii)" Page 4, line 13: Delete all material. Insert "and conduct a phased review of the project" Page 13, line 1: Delete "limit" Insert "focus" Page 13, line 2: Delete "but only if" Page 13, lines 10 & 21: Delete "is limited" Insert "proceeds" Page 13, lines 14 & 15 and 20: Delete "for which the consistency determination is sought" Page 13, line 18: Delete all material. 1994-05-02 House Journal Page 3928 SB 308 Representative Nicholia moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Green objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 8 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Davies: Page 14, line 2: Delete all material and insert a new section to read: "*Sec. 9. For actions related to oil and gas leases this Act takes effect immediately under AS 01.10.070(c), for all other land transactions, this Act takes effect July 1, 1995." Representative Davies moved and asked unanimous consent that Amendment No. 9 be adopted. 1994-05-02 House Journal Page 3929 SB 308 Representative Green objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 9 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative MacLean: Page 12, lines 19 & 20: Delete "use or activity for which a consistency determination is required" Insert "project" Page 12, line 28 and Page 13, line 23: Delete "use or activity" Insert "project" Page 13, lines 14 & 15 and lines 19 & 20: Delete "use or activity for which the consistency determination is sought" Insert "project" 1994-05-02 House Journal Page 3930 SB 308 Page 13, line 18: Delete all material. Representative MacLean moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Green objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 10 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative MacLean: Page 13, lines 14 & 15 and 20: Delete "for which the consistency determination is sought" Representative MacLean moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Green objected. 1994-05-02 House Journal Page 3931 SB 308 The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 11 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative MacLean: Page 3, lines 30 & 31: Delete "that the director finds are material to the determination and" Page 4, lines 3 - 8: Delete all material. Page 4, lines 22 - 31: Delete all material. Page 5, line 18: After "regulations, the" Delete "material" 1994-05-02 House Journal Page 3932 SB 308 Page 5, lines 18 & 19: Delete "in accordance with (1)(B) of this subsection" Page 5, line 29, after "regulations, the" Delete "material" Page 5, lines 29 & 30: Delete "in accordance with (1) of this subsection" Representative MacLean moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Green objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 12 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 12 was not adopted. 1994-05-02 House Journal Page 3933 SB 308 Amendment No. 13 was offered by Representative MacLean: Page 9, lines 4 - 6: Delete all material. Renumber following subsections accordingly. Representative MacLean moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Green objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 13 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Larson, Mackie, MacLean, Menard, Moses, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Martin, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 13 was not adopted. The Speaker ruled Amendment No. 14 out of order, stating it was identical to Amendment No. 12. 1994-05-02 House Journal Page 3934 SB 308 Amendment No. 15 was offered by Representative MacLean: Page 7, lines 17 & 18: Delete ", whether or not material to a matter set out in (B) of this paragraph," Page 7, line 20: Delete "or" Insert "and" Representative MacLean moved and asked unanimous consent that Amendment No. 15 be adopted. Representative G.Davis objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 15 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, MacLean, Menard, Moses, Nicholia, Sitton, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 15 was not adopted. 1994-05-02 House Journal Page 3935 SB 308 Amendment No. 16 was offered by Representative Nordlund: Page 9, following line 8 through Page 10, line 11: Delete all material. Representative Nordlund moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Second Reading Amendment No. 16 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ulmer And so, Amendment No. 16 was not adopted. Representative Phillips moved and asked unanimous consent that CSSB 308(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative B.Davis objected. The Speaker stated that CSSB 308(FIN) am H will be in third reading on the May 3, 1994, calendar.