Legislature(2003 - 2004)
2003-05-06 House Journal
Full Journal pdf2003-05-06 House Journal Page 1358 HB 191 The following was read the second time: HOUSE BILL NO. 191 "An Act relating to the Alaska coastal management program and to policies and procedures for consistency reviews and the rendering of consistency determinations under that program; relating to the functions of coastal resource service areas; creating an Alaska Coastal Program Evaluation Council; eliminating the Alaska Coastal Policy Council; annulling certain regulations relating to the Alaska coastal management program; relating to actions based on private nuisance; relating to zoning within a third class borough covered by the Alaska coastal management program; and providing for effective dates." with the: Journal Page FSH RPT 2DP 2DNP 1NR 2AM 638 FN1: ZERO(DFG) 639 FN2: ZERO(DEC) 639 FN3: (DNR) 639 RES RPT CS(RES) NT 5DP 2DNP 2AM 1196 FN1: ZERO(DFG) 1197 FN2: ZERO(DEC) 1197 FN3: (DNR) 1197 DISCHARGED FROM JUD 1283 FIN RPT CS(FIN) NT 3DP 2DNP 4NR 1308 FN1: ZERO(DFG) 1309 FN2: ZERO(DEC) 1309 FN4: ZERO(DNR) 1309 2003-05-06 House Journal Page 1359 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 191(FIN) "An Act relating to the Alaska coastal management program and to policies and procedures for consistency reviews and the rendering of consistency determinations under that program; eliminating the Alaska Coastal Policy Council; annulling certain regulations relating to the Alaska coastal management program; and providing for an effective date." There being no objection, it was so ordered. Representative Kerttula moved and asked unanimous consent that CSHB 191(FIN) be removed from the calendar and referred to the Rules Committee. Representative Fate objected. Representative Coghill placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall CSHB 191(FIN) be removed from the calendar and referred to the Rules Committee?" The roll was taken with the following result: CSHB 191(FIN) Second Reading Remove from Calendar, Refer to Rules Committee YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kerttula, Kookesh, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Kapsner And so, the motion failed. 2003-05-06 House Journal Page 1360 Amendment No. 1 was offered by Representative Fate: Page 12, lines 28 - 29: Delete "affected [INTERESTED]" Insert "interested" Page 14, line 1: Delete "(g) of this section," Delete "AS 46.40.040(b)," Page 22, line 30: Delete "to the extent the regulations are not inconsistent with this Act" Insert "notwithstanding any contrary provision of this Act" Page 23, line 1, following "Notwithstanding": Insert "any contrary provision of this Act," Page 23, lines 4 - 5: Delete "that is not otherwise inconsistent with this Act or AS 46.40 as amended by this Act," Representative Fate moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kerttula objected. Representative Kerttula moved and asked unanimous consent to divide the question. The Speaker ruled that Amendment No. 1 was divisible. There being no objection, Amendment No. 1 was divided. Amendment No. 1, Part A: Page 12, lines 28 - 29: Delete "affected [INTERESTED]" Insert "interested" 2003-05-06 House Journal Page 1361 Representative Fate moved and asked unanimous consent that Amendment No. 1, Part A be adopted. Representative Berkowitz objected and withdrew the objection. There being no further objection, Amendment No. 1, Part A was adopted. Amendment No. 1, Part B: Page 14, line 1: Delete "(g) of this section," Delete "AS 46.40.040(b)," Representative Fate moved and asked unanimous consent that Amendment No. 1, Part B be adopted. Representative Kerttula objected. The question being: "Shall Amendment No. 1, Part B be adopted?" The roll was taken with the following result: CSHB 191(FIN) am Second Reading Amendment No. 1, Part B YEAS: 21 NAYS: 18 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Lynn, McGuire, Meyer, Morgan, Rokeberg, Seaton, Stoltze, Williams, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kerttula, Kookesh, Kott, Masek, Moses, Ogg, Samuels, Weyhrauch, Whitaker, Wilson Excused: Kapsner Masek changed from "Yea" to "Nay". Wilson changed from "Yea" to "Nay". And so, Amendment No. 1, Part B was adopted. 2003-05-06 House Journal Page 1362 Amendment No. 1, Part C: Page 22, line 30: Delete "to the extent the regulations are not inconsistent with this Act" Insert "notwithstanding any contrary provision of this Act" Page 23, line 1, following "Notwithstanding": Insert "any contrary provision of this Act," Page 23, lines 4 - 5: Delete "that is not otherwise inconsistent with this Act or AS 46.40 as amended by this Act," Representative Fate moved and asked unanimous consent that Amendment No. 1, Part C be adopted. Representative Kerttula objected. Amendment to Amendment No. 1, Part C was offered by Representative Kerttula: Following "Insert "notwithstanding any contrary provision of this Act"": Insert "Page 22, line 31: Delete "may" Insert "shall" Page 22, line 31, following "and": Insert "may"" Representative Kerttula moved and asked unanimous consent that Amendment to Amendment No. 1, Part C be adopted. Representative Weyhrauch objected. 2003-05-06 House Journal Page 1363 The question being: "Shall Amendment to Amendment No. 1, Part C be adopted?" The roll was taken with the following result: CSHB 191(FIN) am Second Reading Amendment to Amendment No. 1, Part C YEAS: 17 NAYS: 18 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Cissna, Crawford, Croft, Fate, Foster, Gara, Gruenberg, Guttenberg, Kerttula, Kott, Lynn, McGuire, Meyer, Morgan, Moses, Seaton Nays: Anderson, Chenault, Coghill, Dahlstrom, Gatto, Harris, Hawker, Heinze, Holm, Joule, Ogg, Samuels, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Kapsner Absent: Kohring, Kookesh, Masek, Rokeberg And so, Amendment to Amendment No. 1, Part C was not adopted. The question being: "Shall Amendment No. 1, Part C be adopted?" The roll was taken with the following result: CSHB 191(FIN) am Second Reading Amendment No. 1, Part C YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams, Wilson, Wolf Nays: Anderson, Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kerttula, Kookesh, Moses, Weyhrauch Excused: Kapsner And so, Amendment No. 1, Part C was adopted. 2003-05-06 House Journal Page 1364 Amendment No. 2 was offered by Representatives Kerttula and Berkowitz: Page 1, line 1, through page 24, line 28 (title amendment): Delete all material and insert: ""An Act relating to development of guidelines and enforceable policies by the Alaska Coastal Policy Council; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: ALASKA COASTAL POLICY COUNCIL. The Alaska Coastal Policy Council shall revise the "guidelines and standards" found at 6 AAC 80.010 - 6 AAC 80.900. The council shall develop guidelines for development of district coastal management programs. The council shall develop statewide enforceable policies to address coastal uses and resources subject to the Alaska coastal management program. Guidelines and enforceable policies shall be developed in consultation with coastal resource districts, state agencies, federal agencies, coastal tribal governments, local governments in coastal communities, and the public. The revision shall be completed not later than July 1, 2005. * Sec. 2. This Act takes effect July 1, 2003." Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Fate objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 191(FIN) am Second Reading Amendment No. 2 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kerttula, Kookesh, Moses, Ogg, Seaton 2003-05-06 House Journal Page 1365 Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Kapsner And so, Amendment No. 2 was not adopted. Representative Coghill moved and asked unanimous consent that CSHB 191(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 191(FIN) am will advance to third reading on tomorrow's calendar.