Legislature(2011 - 2012)

2012-04-05 House Journal

Full Journal pdf

2012-04-05                     House Journal                      Page 2213
HB 258                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 258                                                                                                         
     "An Act directing the Department of Transportation and Public                                                              
     Facilities to develop and implement standards and operating                                                                
     procedures allowing for the use in the construction and                                                                    
     maintenance of transportation projects and public facilities and in                                                        
     the construction of projects by public and private entities of gravel                                                      
     or aggregate materials that contain a limited amount of naturally                                                          
     occurring asbestos, and authorizing use on an interim basis of                                                             
     those materials for certain transportation projects and public                                                             
     facilities; relating to certain claims arising out of or in connection                                                     
     with the use of gravel or aggregate materials containing a limited                                                         
     amount of naturally occurring asbestos; and providing for an                                                               
     effective date."                                                                                                           
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 TRA RPT CS(TRA) NT 7DP                                               1771                                                      
 FN1: ZERO(LWF)                                                       1772                                                      
 FN2: (DEC)                                                           1772                                                      
 FN3: (DHS)                                                           1772                                                      
 FIN RPT CS(FIN) NT 6DP 2NR 2AM                                       2086                                                      
 FN1: ZERO(LWF)                                                       2087                                                      
 FN3: (DHS)                                                           2087                                                      

2012-04-05                     House Journal                      Page 2214
 FN4: ZERO(LAW)                                                       2087                                                      
 FN5: ZERO(DNR)                                                       2087                                                      
 FN6: (DEC)                                                           2087                                                      
 FN7: (DOT)                                                           2087                                                      
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                
     CS FOR HOUSE BILL NO. 258(FIN)                                                                                             
     "An Act directing the Department of Transportation and Public                                                              
     Facilities to develop and implement standards and operating                                                                
     procedures, to evaluate site-specific use plans, and to designate                                                          
     project areas concerning gravel or other aggregate material                                                                
     containing naturally occurring asbestos; authorizing use on an                                                             
     interim basis of gravel or other aggregate material containing                                                             
     naturally occurring asbestos for certain transportation projects and                                                       
     public facilities; providing immunity for the state and for                                                                
     landowners, extractors, suppliers, transporters, and contractors for                                                       
     certain actions or claims arising in connection with the use of                                                            
     gravel or aggregate material containing naturally occurring                                                                
     asbestos in certain areas; requiring contractors to report certain                                                         
     asbestos-related data to the Department of Transportation and                                                              
     Public Facilities; and providing for an effective date."                                                                   
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered by Representatives Kerttula, Gara, and                                                              
Kawasaki:                                                                                                                       
                                                                                                                                
Page 6, line 18:                                                                                                                
 Delete "A"                                                                                                                     
 Insert "After at least two public hearings held by the municipality                                                            
or community and for which notice to the public has been provided, a"                                                           
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Joule objected.                                                                                                  
                                                                                                                                

2012-04-05                     House Journal                      Page 2215
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 258(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  13   NAYS:  24   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cissna, Fairclough, Gara, Gardner, Gruenberg, Guttenberg,                                                                
Holmes, Kawasaki, Kerttula, Miller, Petersen, Tuck, P.Wilson                                                                    
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Doogan, Edgmon, Feige,                                                              
Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett,                                                                
Munoz, Olson, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                               
T.Wilson                                                                                                                        
                                                                                                                                
Excused:  Gatto, Hawker, Neuman                                                                                                 
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
CSHB 258(FIN) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 258(FIN) was read the third time.                                                                                          
                                                                                                                                
The question being:  "Shall CSHB 258(FIN) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 258(FIN)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  35   NAYS:  2   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Cissna, Costello, Dick, Doogan,                                                                     
Edgmon, Fairclough, Feige, Foster, Gardner, Gruenberg, Guttenberg,                                                              
Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn,                                                               
Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton,                                                               
Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson                                                                             
                                                                                                                                
Nays:  Gara, Kerttula                                                                                                           
                                                                                                                                

2012-04-05                     House Journal                      Page 2216
Excused:  Gatto, Hawker, Neuman                                                                                                 
                                                                                                                                
And so, CSHB 258(FIN) passed the House.                                                                                         
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the roll call on the passage of the bill be considered the roll call on the                                                     
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
CSHB 258(FIN) was referred to the Chief Clerk for engrossment.