Legislature(1997 - 1998)
1997-04-17 House Journal
Full Journal pdf1997-04-17 House Journal Page 1148 SB 41 The following was read the second time: SENATE BILL NO. 41 An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations. with the: Journal Page JUD RPT HCS(JUD) 4DP 2NR 1057 2 SENATE FNS (LAW, COURT) 3/18/97 1058 SENATE ZERO FISCAL NOTE (DHSS) 3/13/97 1058 SENATE ZERO FISCAL NOTE (LABOR) 3/18/97 1058 FIN RPT HCS(JUD) 8DP 1NR 1118 2 FISCAL NOTES (COURT, LAW) 1119 SENATE ZERO FN (LABOR) 3/18/97 1119 SENATE ZERO FN (DHSS) 3/13/97 1119 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 2, following line 20: Insert a new paragraph to read: (5) that the audit privilege established in this Act should in no way curtail the ability of employees to discover or introduce evidence in any administrative or judicial proceeding alleging harassment, retaliation, discrimination or other reprisals. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. 1997-04-17 House Journal Page 1149 SB 41 The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS CSSB 41(JUD) Second Reading Amendment No. 1 YEAS: 12 NAYS: 24 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Bunde Absent: Masek, Porter, Sanders And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Davies: Page 7, following line 8: Insert a new subsection to read: "(c) An audit report is not privileged and is admissible as evidence and subject to discovery and use in a proceeding if the owner or operator has obtained immunity under AS 09.25.475 by making a voluntary disclosure of a violation of an environmental law, or of circumstances, conditions, or occurrences that constitute or may constitute such a violation, and the disclosure arose out of the audit." Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kelly objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1997-04-17 House Journal Page 1150 SB 41 HCS CSSB 41(JUD) Second Reading Amendment No. 2 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, James, Joule, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Bunde Absent: Ivan, Porter, Williams And so, Amendment No. 2 was not adopted. Representative Foster moved and asked unanimous consent that HCS CSSB 41(JUD) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 41(JUD) will be in third reading on tomorrow's calendar.