Legislature(1993 - 1994)
1993-03-29 House Journal
Full Journal pdf1993-03-29 House Journal Page 0827 HB 213 The following was read the second time: HOUSE BILL NO. 213 "An Act prohibiting the commissioner of natural resources from classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 acres except in certain situations; and providing for an effective date." with the: Journal Page RES RPT CS(RES)NEW TITLE 4DP 2DNP 2NR 788 -ZERO FISCAL NOTE (DNR) 3/26/93 789 FIN REFERRAL WAIVED 806 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 213(RES) "An Act prohibiting the commissioner of natural resources from classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 offered by Representatives Brown and Davies: Page 2, line 15: Delete "approves" Insert "disapproves" 1993-03-29 House Journal Page 0828 HB 213 Page 2, line 17: Delete "expires" Insert "becomes final" Page 2, line 18: Delete "Approval by the legislature of" Insert "Failure of the legislature to disapprove" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. Representative Brown placed a call of the House on Amendment No. 1. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 213(RES) Second Reading Amendment No. 1 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Green And so, Amendment No. 1 was not adopted. 1993-03-29 House Journal Page 0829 HB 213 Amendment No. 2 was offered by Representative Finkelstein: Page 2, line 4, following "classification": Insert "(A)" Page 2, line 5, following "exchange": Insert ", (B) is for a river, lake, or stream cataloged under AS 16.05.870, (C) is for a critical habitat area, game refuge, or game sanctuary, under AS 16.20, and the classification is under the provisions of AS 16.20 governing the critical habitat area, game refuge, or game sanctuary," Page 2, line 5, following "exchange or": Insert "(D)" Representative Finkelstein moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 213(RES) Second Reading Amendment No. 2 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Bunde, Carney, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Green And so, Amendment No. 2 was not adopted. 1993-03-29 House Journal Page 0830 HB 213 Amendment No. 3 (title amendment) was offered by Representative Finkelstein: Page 1, line 1: After "from" Insert "permanently" Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected and withdrew the objection. There being no further objection, Amendment No. 3 was adopted, and the new title appears below: CS FOR HOUSE BILL NO. 213(RES)(title am) "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more that 640 contiguous acres except in certain situations; and providing for an effective date." Amendment No. 4 was offered by Representative Davidson: Page 2, line 4, following "except": Insert "for the protection of public health and safety or" Representative Davidson moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 213(RES) (title am) Second Reading Amendment No. 4 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 1993-03-29 House Journal Page 0831 HB 213 Yeas: Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Bunde, Carney, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Vezey, Williams Excused: Green Absent: Therriault Navarre changed from "Nay" to "Yea". And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives Davidson and Hoffman: Page 2, line 5, following "exchange": Insert ", is for the protection of fish and wildlife resources or subsistence uses," Representative Davidson moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 213(RES) (title am) Second Reading Amendment No. 5 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis 1993-03-29 House Journal Page 0832 HB 213 Nays: Barnes, Brice, Bunde, Carney, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Vezey, Williams Excused: Green Absent: Therriault And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Davidson: Page 2, line 17, after "expires": Delete "on the 90th day of that legislative session or" Page 2, line 18, after "session": Delete ", whichever occurs first" Representative Davidson moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 213(RES) (title am) Second Reading Amendment No. 6 YEAS: 12 NAYS: 26 EXCUSED: 1 ABSENT: 1 Yeas: Brown, Davidson, Davies, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis 1993-03-29 House Journal Page 0833 HB 213 Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Vezey, Williams Excused: Green Absent: Therriault And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Davies: Page 1, line 5 (title amendment): Delete "640" Insert "1,280" Page 1, line 13: Delete "640" Insert "1,280" Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 213(RES) (title am) Second Reading Amendment No. 7 YEAS: 12 NAYS: 26 EXCUSED: 1 ABSENT: 1 Yeas: Brown, Davidson, Davies, Finkelstein, Grussendorf, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1993-03-29 House Journal Page 0834 HB 213 Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams Excused: Green Absent: Therriault And so, Amendment No. 7 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 213(RES)(title am) be considered engrossed, advanced to third reading and placed on final passage. Representative Davies objected. Representative Brice placed a call of the House. The Speaker stated the call was satisfied. Representative Davies withdrew the objection. There being no further objection, CSHB 213(RES)(title am) was advanced to third reading. CSHB 213(RES)(title am) was read the third time. The question being: "Shall CSHB 213(RES)(title am) pass the House?" The roll was taken with the following result: CSHB 213(RES) (title am) Third Reading Final Passage YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1993-03-29 House Journal Page 0835 HB 213 Nays: Brown, Davidson, Davies, Finkelstein, Navarre, Nicholia, Nordlund Excused: Green Ulmer changed from "Nay" to "Yea". And so, CSHB 213(RES)(title am) passed the House. Representative Phillips 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. Representative Brown gave notice of reconsideration of her vote on CSHB 213(RES)(title am).