Legislature(1997 - 1998)

1997-03-25 House Journal

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1997-03-25                     House Journal                      Page 0831
HB 51                                                                        
The following, which had been moved down the calendar to follow                
CSHB 112(FIN) (page 829), was read the second time:                            
                                                                               
HOUSE BILL NO. 51                                                             
An Act relating to the Department of Environmental                            
Conservation.                                                                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	O&G RPT  CS(O&G) 3DP 1DNP 2NR                                     188         
	2 FISCAL NOTES (DEC, F&G)                                         189         
	FIN RPT  CS(FIN) NT 7DP 1NR 2AM                                   536         
	2 FISCAL NOTES (F&G, DEC)                                         537         
	RLS RPT  CS(RLS) NT DP2 DNP1 NR1                                  769         
	2 FISCAL NOTES (F&G, DEC) 3/5/97                                  770         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 51(RLS)                                                 
An Act relating to the Department of Environmental                            
Conservation; amending Rules 79 and 82, Alaska Rules of Civil                  
Procedure; and providing for an effective date.                                
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Rokeberg:                        
                                                                               
Page 5, line 4, following "Agency":                                            
	Insert "or substantially equivalent methods approved by the                   
department"                                                                    
                                                                               
Page 5, lines 17-18:                                                           
	Delete "a method that is substantially equivalent to"                         
	Insert "an alternative method that is scientifically or technically           
more appropriate than"                                                         
                                                                               

1997-03-25                     House Journal                      Page 0832
HB 51                                                                        
Representative Rokeberg moved and asked unanimous consent that                 
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Davies objected.                                                
                                                                               
Representative Davies moved and asked unanimous consent that the               
question be divided.                                                           
                                                                               
Objection was heard.                                                           
                                                                               
The Speaker ruled that the question was divisible.                             
                                                                               
The question being:  Shall the question be divided?  The roll was              
taken with the following result:                                               
                                                                               
CSHB 51(RLS)                                                                   
Second Reading                                                                 
Amendment No. 1--Divide                                                        
                                                                               
                                                                               
YEAS:  12   NAYS:  21   EXCUSED:  5   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf,             
Joule, Kemplen, Kubina, Moses, Nicholia                                        
                                                                               
Nays:  Austerman, Bunde, Cowdery, Foster, Green, Hanley, Hodgins,              
Hudson, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter,           
Rokeberg, Ryan, Sanders, Therriault, Vezey                                     
                                                                               
Excused:  Barnes, Dyson, Masek, Mulder, Williams                               
                                                                               
Absent:  Ivan, Kookesh                                                         
                                                                               
And so, Amendment No. 1 was not divided.                                       
                                                                               
                                                                               
Representative Porter placed a call of the House on the bill.                  
                                                                               
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               

1997-03-25                     House Journal                      Page 0833
HB 51                                                                        
Amendment to Amendment No. 1 was offered  by Representative                     
Davies:                                                                        
                                                                               
Following department:                                                          
Delete all material.                                                          
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment to Amendment No. 1 be adopted.                                       
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment to Amendment No. 1 be                     
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 51(RLS)                                                                   
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  16   NAYS:  19   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Davis, Elton, Green,                   
Grussendorf, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Moses,            
Nicholia                                                                       
                                                                               
Nays:  Austerman, Bunde, Cowdery, Foster, Hanley, Hodgins, Hudson,             
Ivan, James, Kohring, Kott, Ogan, Phillips, Porter, Rokeberg, Ryan,            
Sanders, Therriault, Vezey                                                     
                                                                               
Excused:  Barnes, Dyson, Masek, Mulder, Williams                               
                                                                               
And so, Amendment to Amendment No. 1 was not adopted.                          
                                                                               
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 51(RLS)                                                                   
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  23   NAYS:  12   EXCUSED:  5   ABSENT:  0                             
                                                                               
                                                                               

1997-03-25                     House Journal                      Page 0834
HB 51                                                                        
Yeas:  Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green,                 
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kookesh, Kott,           
Martin, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey                       
                                                                               
Nays:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kubina, Moses, Nicholia, Phillips, Porter                                      
                                                                               
Excused:  Barnes, Dyson, Masek, Mulder, Williams                               
                                                                               
Ryan changed from "Nay" to "Yea".                                              
                                                                               
And so, Amendment No. 1 was  adopted.                                          
                                                                               
Amendment No. 2 was offered  by Representative Kubina:                          
                                                                               
Page 1, line 1 (title amendment):                                              
	Delete "the Department of Environmental Conservation"                       
	Insert "administrative penalties for violation of public water               
supply system requirements"                                                   
                                                                               
Page 1, line 5, through page 2, line 2:                                        
	Delete all material and insert:                                               
	"* Section 1.  FINDINGS.  The legislature finds that"                       
                                                                               
Page 2, line 15:                                                               
	Delete "sec. 5 of"                                                            
                                                                               
Page 2, line 18, through page 6, line 24:                                      
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 8, line 25:                                                               
	Delete "sec. 5"                                                               
	Insert "sec. 2"                                                               
                                                                               
Page 8, line 28:                                                               
	Delete "sec. 5"	                                                              
	Insert "sec. 2"                                                               
	Delete "sec. 6"                                                               
	Insert "sec. 3"                                                               

1997-03-25                     House Journal                      Page 0835
HB 51                                                                        
Page 8, line 31, through page 9, line 17:                                      
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 9, line 20:                                                               
	Delete "sec. 5"                                                               
	Insert "sec. 2"                                                               
                                                                               
Page 9, line 21:                                                               
	Delete "sec. 5"                                                               
	Insert "sec. 2"                                                               
                                                                               
Page 9, line 22:                                                               
	Delete "Sections 1(b) and 5 of this Act take"                                 
	Insert "Except as provided in sec. 7 of this Act, this Act takes"             
                                                                               
Page 9, line 31:                                                               
	Delete "Section 9"                                                            
	Insert "Section 5"                                                            
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment No. 2 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  11   NAYS:  24   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green,                 
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin,            
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey             
                                                                               

1997-03-25                     House Journal                      Page 0836
HB 51                                                                        
Excused:  Barnes, Dyson, Masek, Mulder, Williams                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Kemplen:                         
                                                                               
Page 1, line 12, following interest:                                           
Insert and that protect multiple uses of the states waters                    
                                                                               
Representative Kemplen moved and asked unanimous consent that                  
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Ryan objected.                                                  
                                                                               
The question being:  Shall Amendment No. 3 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  29   NAYS:  6   EXCUSED:  5   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis,               
Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule,               
Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses,                 
Nicholia, Ogan, Phillips, Porter, Rokeberg, Therriault                         
                                                                               
Nays:  Cowdery, Foster, James, Ryan, Sanders, Vezey                            
                                                                               
Excused:  Barnes, Dyson, Masek, Mulder, Williams                               
                                                                               
And so, Amendment No. 3 was adopted.                                           
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Kemplen:                         
                                                                               
Page 1, line 14, following with:                                               
Insert ; however, protection of public health is paramount                    
                                                                               
                                                                               

1997-03-25                     House Journal                      Page 0837
HB 51                                                                        
Representative Kemplen moved and asked unanimous consent that                  
Amendment No. 4 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Davies:                          
                                                                               
Page 6, lines 7-14:                                                            
Delete all material.                                                          
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment No. 5 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  11   NAYS:  24   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green,                 
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin,            
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey             
                                                                               
Excused:  Barnes, Dyson, Masek, Mulder, Williams                               
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Davies:                          
                                                                               
Page 3, line 9, following Act):                                                
Insert shall                                                                  

1997-03-25                     House Journal                      Page 0838
HB 51                                                                        
Page 3, line 10:                                                               
Delete shall                                                                  
                                                                               
Page 3, line 10:                                                               
Delete minimum                                                                
                                                                               
Page 3, line 11, following fish:                                               
Insert , shellfish                                                            
                                                                               
Page 3, line 11, following wildlife:                                           
Insert , recreation in and on the water, domestic water supplies              
and agricultural, industrial and navigational uses                             
                                                                               
Page 3, line 12:                                                               
Delete shall                                                                  
                                                                               
Page 3, lines 12-13:                                                           
Delete background or                                                          
                                                                               
Page 3, line 14:                                                               
Delete , such as, but not limited to, arsenic                                 
                                                                               
                                                                               
Page 3, line 15:                                                               
Delete shall                                                                  
                                                                               
Page 3, line 15, following use:                                                
Delete scientific justification                                               
Insert the federal criteria                                                   
                                                                               
Page 3, line 15, following standards:                                          
Delete that can be reliably measured                                          
Insert unless the state has developed alternative criteria that are           
scientifically based and that have been approved by the federal                
Environmental Protection Agency                                                
                                                                               
Page 3, lines 17-18:                                                           
Delete all material and insert:                                               
			(4) ensure protection of the appropriate designated                        
uses for the states water bodies; and                                          
                                                                               

1997-03-25                     House Journal                      Page 0839
HB 51                                                                        
Page 3, line 19:                                                               
Delete shall                                                                  
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment No. 6 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  11   NAYS:  24   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green,                 
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin,            
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey             
                                                                               
Excused:  Barnes, Dyson, Masek, Mulder, Williams                               
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
The Speaker stated that CSHB 51(RLS) am would be held in second                
reading to the March 26, 1997, calendar.