Legislature(1993 - 1994)

1993-04-19 Senate Journal

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1993-04-19                     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.