Legislature(2003 - 2004)

2004-04-21 Senate Journal

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2004-04-21                     Senate Journal                      Page 2992
SB 382                                                                                            
CS FOR SENATE BILL NO. 382(CRA) "An Act relating to replat                                          
approval; relating to the platting of right-of-way acquired through                                 
eminent domain proceedings; and providing for an effective date"                                    
which had been held in third reading (page 2966) was before the                                     
Senate.                                                                                             
                                                                                                    
Senator Wagoner moved and asked unanimous consent that the bill be                                  
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator Wagoner offered Amendment No. 1 :                                                            
                                                                                                    
Page 1, lines 11 - 12:                                                                              
 Delete "Regulations adopted by the Department of Transportation                                    
and Public Facilities shall be the primary and governing authority for                              
these replat approval proceedings."                                                                 
                                                                                                    
Page 2, line 11:                                                                                    
      Delete "and AS 44.42.085"                                                                     
                                                                                                    
Page 2, line 14:                                                                                    
 Delete ", consistent with AS 44.42.085 and regulations adopted                                     
under that section,"                                                                                
                                                                                                    
Page 2, lines 15 - 17:                                                                              
 Delete "If no municipal standards and procedures are in effect,                                    
then the provision of AS 44.42.085 and the regulations adopted under                                
that section shall apply."                                                                          
 Insert "Neither the adequacy of the municipal replat process or                                    
standards, if any, nor the failure of a municipality to follow its own                              
replat process and standards shall deprive the state of the authority to                            
exercise its power of eminent domain."                                                              
                                                                                                    
Page 2, line 21, through page 3, line 14:                                                           
      Delete all material.                                                                          
                                                                                                    

2004-04-21                     Senate Journal                      Page 2993
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 1.                                          
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, Amendment No. 1 was adopted.                                                     
                                                                                                    
CS FOR SENATE BILL NO. 382(CRA) am was automatically in                                             
third reading.                                                                                      
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 382(CRA)                                          
am "An Act relating to replat approval; relating to the platting of right-                          
of-way acquired through eminent domain proceedings; and providing                                   
for an effective date" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
CSSB 382(CRA) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess,                                   
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ellis, Hoffman                                                                               
                                                                                                    
and so, CS FOR SENATE BILL NO. 382(CRA) am passed the                                               
Senate.                                                                                             
                                                                                                    
Senator Ben Stevens 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 Ellis gave notice of reconsideration.