Legislature(1997 - 1998)

1997-03-26 House Journal

Full Journal pdf

1997-03-26                     House Journal                      Page 0852
HB 51                                                                        
The following, which had been held in second reading to today's                
calendar (page 839), was before the House:                                     
                                                                               
CS FOR HOUSE BILL NO. 51(RLS) am                                              
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.                                
                                                                               
Amendment No. 7 was offered  by Representative Davies:                          
                                                                               
Page 3, lines 1-5:                                                             
Delete all material.                                                          
                                                                               
Page 6, lines 23-24:                                                           
Delete known at the time of enactment of the federal law known                
as the Federal Water Pollution Control Act Amendments of 1972                  
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment No. 7 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  12   NAYS:  27   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Williams                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey                                                     
                                                                               

1997-03-26                     House Journal                      Page 0853
HB 51                                                                        
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered  by Representative Elton:                           
                                                                               
Page 3, line 25:                                                               
Delete outside the mixing zone                                                
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 8 be adopted.                                                    
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment No. 8 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  11   NAYS:  28   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kookesh, Kubina, Moses, Williams                                               
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson,                 
Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring,           
Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,           
Sanders, Therriault, Vezey                                                     
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 9 was offered  by Representative Elton:                           
                                                                               
Page 3, line 21 through page 4, line 11:                                       
Delete all material.                                                          
                                                                               

1997-03-26                     House Journal                      Page 0854
HB 51                                                                        
Reletter the remaining subsections accordingly.                                
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 9 be adopted.                                                    
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment No. 9 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  10   NAYS:  28   EXCUSED:  1   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kookesh, Kubina, Moses                                                         
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson,                 
Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring,           
Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,           
Sanders, Therriault, Vezey                                                     
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Williams                                                              
                                                                               
And so, Amendment No. 9 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 10 was offered  by Representative Croft:                          
                                                                               
Page 1, lines 13-14, following criteria:                                       
Delete , and be economically feasible to comply with                          
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 10 be adopted.                                                   
                                                                               
                                                                               
Representative Rokeberg objected.                                              
                                                                               

1997-03-26                     House Journal                      Page 0855
HB 51                                                                        
The question being:  Shall Amendment No. 10 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  1   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Dyson, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Ogan                                          
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Foster,                
Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin,           
Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,          
Vezey                                                                          
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Ivan, Williams                                                        
                                                                               
And so, Amendment No. 10 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 11 was offered  by Representative Croft:                          
                                                                               
Page 4, lines 18-31:                                                           
Delete all material.                                                          
                                                                               
Reletter the remaining subsections accordingly.                                
                                                                               
Page 5, line 11 through page 6, line 4:                                        
Delete all material.                                                          
                                                                               
Renumber the remaining sections accordingly.                                   
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 11 be adopted.                                                   
                                                                               
                                                                               
Representative Rokeberg objected.                                              
                                                                               

1997-03-26                     House Journal                      Page 0856
HB 51                                                                        
The question being:  Shall Amendment No. 11 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 11                                                               
                                                                               
                                                                               
YEAS:  9   NAYS:  27   EXCUSED:  1   ABSENT:  3                              
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen,                  
Kookesh, Kubina, Moses                                                         
                                                                               
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson,                 
Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey                                                     
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Hanley, Joule, Williams                                               
                                                                               
And so, Amendment No. 11 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 12 was offered  by Representative Berkowitz:                      
                                                                               
Page 1, line 14, following with:                                               
Insert to the extent practicable after ensuring protection of public          
health, propagation of fish, shellfish and wildlife, protecting                
domestic water supplies, providing for recreation in and on the                
water, and agricultural, industrial, and navigational uses                     
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 12 be adopted.                                                   
                                                                               
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment No. 12 be adopted?  The roll              
was taken with the following result:                                           

1997-03-26                     House Journal                      Page 0857
HB 51                                                                        
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  15   NAYS:  20   EXCUSED:  1   ABSENT:  4                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis,               
Elton, Grussendorf, Hudson, Kemplen, Kookesh, Kubina, Moses, Ogan              
                                                                               
Nays:  Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James,            
Kelly, Kohring, Kott, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan,         
Sanders, Therriault, Vezey                                                     
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Hanley, Joule, Martin, Williams                                       
                                                                               
And so, Amendment No. 12 was not adopted.                                      
                                                                               
**Representative Barnes who had been previously excused left the               
Chamber.                                                                       
                                                                               
                                                                               
Amendment No. 13 was offered  by Representative Berkowitz:                      
                                                                               
Page 5, lines 5-10:                                                            
Delete all material.                                                          
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 13 be adopted.                                                   
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  Shall Amendment No. 13 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 13                                                               
                                                                               
YEAS:  12   NAYS:  23   EXCUSED:  2   ABSENT:  3                             
                                                                               

1997-03-26                     House Journal                      Page 0858
HB 51                                                                        
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Williams                                      
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green,                 
Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder,            
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey                   
                                                                               
Excused:  Barnes, Nicholia                                                     
                                                                               
Absent:  Hanley, Masek, Ogan                                                   
                                                                               
And so, Amendment No. 13 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 14 was offered  by Representative Green:                          
                                                                               
Page 1, line 13, following criteria, and:                                      
Delete be                                                                     
Insert under which compliance is                                              
                                                                               
Page 1, line 14:                                                               
Delete to comply with                                                         
                                                                               
Representative Green moved and asked unanimous consent that                    
Amendment No. 14 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
Representative Green moved and asked unanimous consent to                      
withdraw Amendment No. 14.  There being no objection, it was so                
ordered.                                                                       
                                                                               
New Amendment No. 14 was offered  by Representative Green:                      
                                                                               
Page 1, lines 13-14, following criteria, and:                                  
Delete be economically feasible to comply with                                
Insert take into consideration economic feasibility                           
                                                                               
Representative Green moved and asked unanimous consent that New                
Amendment No. 14 be adopted.                                                   
                                                                               

1997-03-26                     House Journal                      Page 0859
HB 51                                                                        
Objection was heard.                                                           
                                                                               
The question being:  Shall New Amendment No. 14 be adopted?                    
The roll was taken with the following result:                                  
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
New Amendment No. 14                                                           
                                                                               
                                                                               
YEAS:  35   NAYS:  2   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, Ivan,                
James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,                  
Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg,                
Ryan, Sanders, Therriault, Williams                                            
                                                                               
                                                                               
Nays:  Foster, Vezey                                                           
                                                                               
Excused:  Barnes, Nicholia                                                     
                                                                               
Absent:  Hanley                                                                
                                                                               
And so, New Amendment No. 14 was adopted.                                      
                                                                               
                                                                               
Amendment No. 15 was offered  by Representatives Elton and Kubina:              
                                                                               
Page 1, line 14, following with:                                               
Insert after considering impacts on the fishing industry                      
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 15 be adopted.                                                   
                                                                               
                                                                               
Representative Rokeberg objected.                                              
                                                                               
                                                                               
The question being:  Shall Amendment No. 15 be adopted?  The roll              
was taken with the following result:                                           

1997-03-26                     House Journal                      Page 0860
HB 51                                                                        
                                                                               
CSHB 51(RLS) am                                                                
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  16   NAYS:  20   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf,             
Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Ogan,                    
Williams                                                                       
                                                                               
Nays:  Austerman, Cowdery, Davis, Foster, Green, Hodgins, James,               
Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter,                 
Rokeberg, Ryan, Sanders, Therriault, Vezey                                     
                                                                               
Excused:  Barnes, Nicholia                                                     
                                                                               
Absent:  Bunde, Hanley                                                         
                                                                               
And so, Amendment No. 15 was not adopted.                                      
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSHB51(RLS) am be considered engrossed, advanced to third reading              
and placed on final passage.                                                   
                                                                               
Representative Kubina objected.                                                
                                                                               
The Speaker stated that CSHB 51(RLS) am will be in third reading on            
the March 27, 1997, calendar.