Legislature(2019 - 2020)

2020-03-22 Senate Journal

Full Journal pdf

2020-03-22                     Senate Journal                      Page 2192
SB 193                                                                                                                        
CS FOR SENATE BILL NO. 193(RES) "An Act relating to liability                                                                   
of an electric utility for contact between vegetation and the utility's                                                         
facilities; and relating to vegetation management plans" which had                                                              
been held in third reading (page 2174) was before the Senate.                                                                   
                                                                                                                                
Senator Wielechowski moved the bill be returned to second reading                                                               
for Amendment No. 1 and Amendment No. 2. Without objection, the                                                                 
bill was returned to second reading.                                                                                            
                                                                                                                                

2020-03-22                     Senate Journal                      Page 2193
Senator Wielechowski offered Amendment No. 1:                                                                                   
                                                                                                                                
Page 1, line 12, through page 2, line 8:                                                                                        
  Delete all material and insert:                                                                                               
     "(b) This section does not preclude civil liability for property                                                           
  damage, death, or personal injury resulting from                                                                              
       (1)  an intentional, reckless, or negligent act or omission of the                                                       
  utility; or                                                                                                                   
       (2)  contact between vegetation and the utility's facilities if                                                         
          (A)  the vegetation was located entirely within the boundaries                                                        
     of the utility's real property, lease, permit, easement, or right-of-                                                      
     way, and the utility did not have, or failed to comply with, a                                                             
     vegetation management plan; or                                                                                             
          (B)  the vegetation was located outside the boundaries of the                                                         
     utility's real property, lease, permit, easement, or right-of-way,                                                         
     and the utility caused the vegetation to                                                                                   
            (i)  enter the boundaries of the utility's real property, lease,                                                    
       permit, easement, or right-of-way; and                                                                                   
            (ii)  contact the utility's facilities."                                                                            
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 1.                                                                 
Senator Coghill objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 193(RES)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  9   NAYS:  10   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Reinbold,                                                                  
Shower, Wielechowski, Wilson                                                                                                    
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak,                                                              
Stedman, Stevens, von Imhof                                                                                                     
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                

2020-03-22                     Senate Journal                      Page 2194
Senator Wielechowski offered Amendment No. 2:                                                                                   
                                                                                                                                
Page 2, following line 8:                                                                                                       
     Insert a new subsection to read:                                                                                           
          "(c) This section does not preclude civil liability for private                                                       
     property damage resulting from a fire caused by contact between                                                            
     vegetation and a utility's facilities."                                                                                    
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 2.                                                                 
Senator Coghill objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 193(RES)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  10   NAYS:  9   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Olson,                                                                   
Reinbold, Shower, Wielechowski, Wilson                                                                                          
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hughes, Micciche, Revak, Stedman,                                                              
Stevens, von Imhof                                                                                                              
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
and so, Amendment No. 2 was adopted.                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 193(RES) am was automatically in third                                                                   
reading.                                                                                                                        
                                                                                                                                
Senator Coghill moved and asked unanimous consent to withdraw                                                                   
CS FOR SENATE BILL NO. 193(RES) am "An Act relating to                                                                          
liability of an electric utility for contact between vegetation and the                                                         
utility's facilities; and relating to vegetation management plans." There                                                       
being no objection, the bill was withdrawn.                                                                                     
                                                                                                                                
                                                                                                                                

2020-03-22                     Senate Journal                      Page 2195
Senator Coghill moved and asked unanimous consent to rescind his                                                                
previous action in withdrawing the bill. Without objection, it was so                                                           
ordered.                                                                                                                        
                                                                                                                                
Senator Hoffman moved and asked unanimous consent the bill be                                                                   
returned to the Rules Committee. Without objection, the bill was                                                                
returned to the Rules Committee.