Legislature(1997 - 1998)
1998-05-10 Senate Journal
Full Journal pdf1998-05-10 Senate Journal Page 3986 HB 285 CS FOR HOUSE BILL NO. 285(RES) am An Act relating to suspension or revocation of commercial fishing permits, licenses, and privileges; and providing for an effective date was read the second time. Senator Halford, Chair, moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 3412. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 285(RES) was adopted and read the second time. Senators Parnell, Hoffman, Adams, Lincoln, Leman moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objections were heard and they were required to vote. Senator Halford offered Amendment No. 1 : Page 1, line 5, following "Violations": Insert "in Salmon Fisheries" Page 1, line 7, following "laws": Insert "in salmon fisheries" Page 1, line 8, following "commercial": Insert "salmon" Page 1, line 9, following "laws": Insert "in salmon fisheries" 1998-05-10 Senate Journal Page 3987 HB 285 Page 1, line 11, following "laws": Insert "in a salmon fishery" Page 1, line 13, following "for the": Insert "salmon" Page 2, line 2, following "laws": Insert "in a salmon fishery" Page 2, lines 3 - 4: Delete "16.10.120 - 16.10.130, 16.10.165, 16.10.173, 16.10.200 - 16.10.220, 16.10.240, 16.10.250" Insert "16.10.120, 16.10.200 - 16.10.220" Page 2, lines 17 - 18: Delete all material. Renumber the following paragraph accordingly. Page 2, line 21, following "laws": Insert "in a salmon fishery" Page 2, line 25, following "commercial": Insert "salmon" Page 2, line 26, following "privileges for a": Insert "salmon" Page 2, line 29, following "in the": Insert "salmon" Page 2, line 31: Delete "48-month" Insert "36-month" Page 3, line 1, following "in the": Insert "salmon" 1998-05-10 Senate Journal Page 3988 HB 285 Page 3, line 3: Delete "60-month" Insert "36-month" Page 3, line 4, following "in the": Insert "salmon" Page 3, line 7, following "commercial": Insert "salmon" Page 3, line 8, following "in the": Insert "salmon" Page 3, line 14, following "commercial": Insert "salmon" Page 3, line 19, following "permit": Insert "for a salmon fishery" Page 3, line 23, following "commercial": Insert "salmon" Page 3, line 24, following "for a": Insert "salmon" Page 3, line 25, following "that": Insert "salmon" Page 3, line 27, following "for a": Insert "salmon" Page 3, line 31, following "for a": Insert "salmon" Page 4, line 1, following "in the": Insert "salmon" 1998-05-10 Senate Journal Page 3989 HB 285 Page 4, line 3: Delete "a" Insert "the salmon" Page 4, line 6, following "for a": Insert "salmon" Page 4, line 7, following "for the": Insert "salmon" Page 4, line 12, following "for a": Insert "salmon" Page 4, line 14: Delete "fishing privileges for the" Insert "commercial salmon fishing privileges for the salmon" Page 4, line 21, following "title": Insert "in a salmon fishery" Page 5, line 6, following "commercial": Insert "salmon" Page 5, line 7, following "permit": Insert "to take salmon" Page 5, line 8, following "permit": Insert "to take salmon" Page 5, lines 14 - 31: Delete all material and insert: "* Sec. 2. AS16.05.710(a) is amended to read: (a) Upon the conviction of a person for a misdemeanor or felony violation of a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, the court, in addition to other penalties imposed by law, 1998-05-10 Senate Journal Page 3990 HB 285 (1) may suspend one or more of the persons commercial fishing privileges and licenses for a period of not more than one year ¦,á if the conviction is the persons first or second misdemeanor or felony conviction within a 10-year period for violating a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, or another jurisdiction; or (2) shall suspend one or more of the persons commercial fishing privileges and licenses for a period of not more than three years ¦,á if the conviction is the persons third or subsequent misdemeanor or felony conviction within a 10-year period for violating a commercial fishing law of this state, in a fishery other than a commercial salmon fishery, or another jurisdiction." Page 8, lines 24 - 25: Delete all material and insert: "(j) In this section, (1) "commercial fishing permit" means an entry permit or an interim-use permit issued under this chapter; (2) "commercial fishing privileges" means the privilege of participating in an activity for which a commercial fishing permit is required and the privilege of obtaining a commercial fishing permit." Page 9, line 7: Delete all material. Renumber the following bill sections accordingly. Page 9, line 8, following "laws": Insert "in a salmon fishery" Senator Halford moved for the adoption of Amendment No. 1. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Lincoln offered Amendment No. 2 : Page 4, line 1: Delete (1) 1998-05-10 Senate Journal Page 3991 HB 285 Page 4, line 1 following license: Delete ; or Insert . Page 4, lines 2 through 4: Delete all material. Senator Lincoln moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CSHB 285(RES) am S Second Reading Amendment No. 2 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Parnell, Pearce, Taylor Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Phillips, Sharp, Torgerson, Ward, Wilken and so, Amendment No. 2 failed. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 285(RES) am S was read the third time. Senators Hoffman, Halford, Duncan moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1998-05-10 Senate Journal Page 3992 HB 285 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 285(RES) am S An Act relating to suspension or revocation of commercial fishing permits, licenses, and privileges; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 285(RES) am S Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Parnell, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 285(RES) am S passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Lincoln gave notice of reconsideration.