Legislature(2003 - 2004)

2004-04-27 House Journal

Full Journal pdf

2004-04-27                     House Journal                      Page 3540
HB 309                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 309                                                                              
    "An Act prohibiting the release of nonindigenous predatory fish                                 
    into public water."                                                                             
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FSH RPT CS(FSH) NT 3DP 2NR                                          3056                           
 FN1: ZERO(DFG)                                                      3057                           
 FN2: ZERO(DPS)                                                      3057                           
 RES RPT CS(RES) NT 1DP 3NR 5AM                                      3276                           
 FN1: ZERO(DFG)                                                      3276                           

2004-04-27                     House Journal                      Page 3541
 FN2: ZERO(DPS)                                                      3276                           
 JUD RPT CS(JUD) NT 4DP 1NR 1AM                                      3438                           
 FN1: ZERO(DFG)                                                      3439                           
 FN2: ZERO(DPS)                                                      3439                           
                                                                                                    
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. 309(JUD)                                                                  
    "An Act relating to nonindigenous fish."                                                        
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Holm and Wolf:                                       
                                                                                                    
Page 1, following line 2:                                                                           
 Insert a new bill section to read:                                                                 
   "* Section 1.  The uncodified law of the State of Alaska is amended                            
by adding a new section to read:                                                                    
 LEGISLATIVE INTENT.  It is the intent of the Alaska State                                          
Legislature that                                                                                    
             (1) this Act does not apply to generally accepted practices                            
    associated with the culture of ornamental fish on private property                              
    in small artificial ponds that have no direct access to the public                              
    waters of the state; and                                                                        
             (2) the state enforce this Act where a significant threat                              
    exists to native fish, wildlife, and plants and with due regard for                             
    private property."                                                                              
                                                                                                    
Page 1, line 3:                                                                                     
 Delete "Section 1."                                                                              
 Insert "Sec. 2."                                                                                 
                                                                                                    
                                                                                                    
Representative Holm moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    

2004-04-27                     House Journal                      Page 3542
Amendment to Amendment No. 1 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
Under "(2)":                                                                                        
 Delete "where a significant threat exists to native fish, wildlife,                                
and plants and"                                                                                     
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no further objection, Amendment No. 1 as amended was                                    
adopted.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Weyhrauch:                                            
                                                                                                    
Page 1, line 6, following "live nonindigenous fish":                                                
 Insert ", shellfish, bivalves"                                                                     
                                                                                                    
Page 1, line 6, following "of nonindigenous fish,":                                                 
 Insert "shellfish, or bivalves"                                                                    
                                                                                                    
Page 1, lines 13 and 14, following "fish":                                                          
 Insert ", shellfish, or bivalves"                                                                  
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent to                                       
withdraw Amendment No. 2.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    

2004-04-27                     House Journal                      Page 3543
Page 1, line 15 through page 2, line 2:                                                             
 Delete "and is punishable as authorized in AS 12.55 except that a                                  
fine of not less than $5,000 shall be imposed"                                                      
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Wolf objected.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 309(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                      
Joule, Kerttula, Kohring, Kookesh, Kott, Lynn, McGuire, Morgan,                                     
Moses, Stepovich, Weyhrauch, Williams, Wilson                                                       
                                                                                                    
Nays:  Chenault, Foster, Gara, Heinze, Holm, Masek, Meyer, Ogg,                                     
Rokeberg, Samuels, Seaton, Stoltze, Wolf                                                            
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 3 was adopted.                                                                
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 309(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 309(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 309(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       

2004-04-27                     House Journal                      Page 3544
                                                                                                    
CSHB 309(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, CSHB 309(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.