Legislature(1997 - 1998)

1997-03-19 Senate Journal

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1997-03-19                     Senate Journal                      Page 0783
SB 41                                                                        
SENATE BILL NO. 41 An Act relating to environmental audits and                 
health and safety audits to determine compliance with certain laws,            
permits, and regulations was read the second time.                             
                                                                               
Senator Sharp  moved and asked unanimous consent for the adoption              
of the Finance Committee Substitute offered on page 766.  Senator              
Duncan objected, then withdrew his objection.  There being no                  
further objections, CS FOR SENATE BILL NO. 41(FIN) An Act                      
relating to environmental audits to determine compliance with certain          
laws, permits, and regulations was adopted and read the second                 
time.                                                                          
                                                                               

1997-03-19                     Senate Journal                      Page 0784
SB 41                                                                        
Senator Duncan offered Amendment No. 1 :                                        
                                                                               
On page 7, delete lines 21 and 22 and replace with the following:              
                                                                               
(b)  A party claiming the privilege has the burden                            
of establishing that the documents or                                          
communications claimed to be privileged do not                                 
come within the exceptions listed in (a) (1)-(4) of                            
this section.                                                                  
                                                                               
(c)  A party seeking disclosure under (a) (5) of this                         
section has the burden of establishing the exception                           
applies.                                                                       
                                                                               
Senator Duncan moved for the adoption of Amendment No. 1.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 41(FIN)                                                                   
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman                                           
                                                                               
Nays:  Donley, Green, Halford, Kelly, Leman, Mackie, Miller,                   
Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken              
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 2 :                                        
                                                                               
Page 6, line 6:                                                                
Following AS 09.24.450 for:                                                   
	Insert: objective facts and                                                   
                                                                               

1997-03-19                     Senate Journal                      Page 0785
SB 41                                                                        
Senator Duncan 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:                                           
                                                                               
CSSB 41(FIN)                                                                   
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman                                           
                                                                               
Nays:  Donley, Green, Halford, Kelly, Leman, Mackie, Miller,                   
Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken              
                                                                               
Excused:  Lincoln                                                              
                                                                               
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.                                
                                                                               
CS FOR SENATE BILL NO. 41(FIN) was read the third time.                        
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 41(FIN)                       
An Act relating to environmental audits to determine compliance                
with certain laws, permits, and regulations pass the Senate?  The              
roll was taken with the following result:                                      
                                                                               
CSSB 41(FIN)                                                                   
Third Reading - Final Passage                                                  
                                                                               
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Hoffman, Kelly, Leman, Mackie,                  
Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward,             
Wilken                                                                         
                                                                               
Nays:  Adams, Duncan, Ellis                                                    
                                                                               
Excused:  Lincoln                                                              
                                                                               

1997-03-19                     Senate Journal                      Page 0786
SB 41                                                                        
and so, CS FOR SENATE BILL NO. 41(FIN) passed the Senate.                      
                                                                               
Senator Duncan gave notice of reconsideration.