Legislature(1993 - 1994)
1993-04-19 Senate Journal
Full Journal pdf1993-04-19 Senate Journal Page 1548 SB 178 Amendment No. 1 was not offered. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 178(JUD) be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Duncan objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Taylor offered Amendment No. 2 : Page 1, line 7: After "section" Insert: "against a business having 10 employees or more" Page 1, line 9: After "by" Insert "and is not in violation of a term or condition of" Page 1, line 11: After "issued" Insert "after public hearing" Senator Taylor moved for the adoption of Amendment No. 2. Senator Duncan objected. Senator Taylor moved to divide Amendment No. 2: Part A - Page 1, line 7 Part B - Page 1, lines 9 & 11 Senator Adams objected. Senator Taylor withdrew his motion. 1993-04-19 Senate Journal Page 1549 SB 178 Senator Taylor moved to divide Amendment No. 2 into three parts: Part A - Page l, line 7 Part B - Page 1, line 9 Part C - Page 1 line 11 Without objection, Amendment No. 2 was divided. Senator Taylor moved that Amendment No. 2, Part A be adopted. The question being: "Shall Amendment No. 2, Part A be adopted?" The roll was taken with the following result: CSSB 178(JUD) Second Reading Amendment No. 2 Part A YEAS: 0 NAYS: 20 EXCUSED: 0 ABSENT: 0 Nays: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, Amendment No. 2, Part A failed. Senator Taylor moved for the adoption of Amendment No. 2, Part B. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 2, Part B was adopted. Senator Taylor moved for the adoption of Amendment No. 2, Part C. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 2, Part C was adopted. CS FOR SENATE BILL NO. 178(JUD) am was automatically in third reading. 1993-04-19 Senate Journal Page 1550 SB 178 Amendment No. 3 was not offered. Senator Adams moved and asked unanimous consent that CS FOR SENATE BILL NO. 178(JUD) am be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Senator Taylor objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Adams offered Amendment No. 4 : Page 1, line 8, following "discharge" Insert "but excluding the placement of nuclear waste" Senator Adams moved for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. CS FOR SENATE BILL NO. 178(JUD) am was automatically in third reading. Senator Adams moved and asked unanimous consent that CS FOR SENATE BILL NO. 178(JUD) am be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Senator Taylor objected. The question being: "Shall CS FOR SENATE BILL NO. 178(JUD) am be returned to second reading for a specific amendment?" The roll was taken with the following result: CSSB 178(JUD) am Return to Second for Specific Amendment YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff 1993-04-19 Senate Journal Page 1551 SB 178 Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor and so, the bill failed to be returned to second reading. Senator Rieger moved and asked unanimous consent that CS FOR SENATE BILL NO. 178(JUD) am be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Senator Duncan objected. The question being: "Shall CS FOR SENATE BILL NO. 178(JUD) am be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSSB 178(JUD) am Return to Second for Specific Amendment YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Lincoln, Little Kerttula changed from "Nay" to "Yea". and so, the bill was returned to second reading. Senator Rieger offered Amendment No. 6 : Page 1, line 13: After "decision" Insert "(c) The provisions of (b) of this section do not apply to actions regarding a nuisance in an area zoned as residential by a city, borough, or municipality regarding view or noise." 1993-04-19 Senate Journal Page 1552 SB 178 Senator Kerttula offered amendment to Amendment No. 6: After "view" Add ", odor," Senator Kerttula moved and asked unanimous consent for the adoption of amendment to Amendment No. 6. Without objection, amendment to Amendment No. 6 was adopted. Senator Rieger moved for the adoption of Amendment No. 6, as amended. Senator Duncan objected. The question being: "Shall Amendment No. 6, as amended be adopted?" The roll was taken with the following result: CSSB 178(JUD) am Second Reading Amendment No. 6 as amended YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Donley changed from "Yea" to "Nay". and so, Amendment No. 6, as amended was adopted. CS FOR SENATE BILL NO. 178(JUD) am was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 178(JUD) am "An Act relating to civil nuisance actions; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1993-04-19 Senate Journal Page 1553 SB 178 CSSB 178(JUD) am Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 178(JUD) am passed the Senate on reconsideration. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 178(JUD) am Effective Date YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the effective date clause failed. CS FOR SENATE BILL NO. 178(JUD) am(efd fld) was referred to the Secretary for engrossment.