Legislature(1993 - 1994)
1994-04-21 Senate Journal
Full Journal pdf1994-04-21 Senate Journal Page 3849 SB 308 CS FOR SENATE BILL NO. 308(FIN) "An Act modifying administrative procedures and decisions by state agencies that relate to uses and dispositions of state land, property, and resources, and to the interests within them; and modifying administrative procedures and decisions by state agencies that relate to uses and activities involving land, property, and resources, and to the interests within 1994-04-21 Senate Journal Page 3850 SB 308 them, that are subject to the coastal management program when the use or activity is to be authorized or developed in phases; and providing for an effective date" which had been held on reconsideration (page 3759) was before the Senate. Zero fiscal note for CS FOR SENATE BILL NO. 308(FIN) published today from Department of Natural Resources. Senator Pearce moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Senator Duncan objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Pearce offered Amendment No. 4 : Page 2, line 22: Delete "necessary" Insert "required by the state" Page 3, line 2, after "completion": Insert "but is not intended to artificially divide or segment a proposed development project to avoid thorough review of the project or to avoid consideration of potential future environmental, sociological, or economic effects" Page 4, line 16, after "department": Insert "describes its reasons for a decision to phase and" Page 6, line 29, after "finding": Insert ", if required," Page 7, line 11, after "a": Insert "preliminary or" Page 8, line 18, after ";": Insert "and" Page 8, lines 19 - 29: Delete "in a preliminary written finding, facts that are known to the director at the time of preparation of the finding and that are 1994-04-21 Senate Journal Page 3851 SB 308 (A) material to issues that the department identifies, whether or not material to a matter set out in (B) of this paragraph, and within the scope of the administrative review established by the director under (e)(1) of this section; or (B) material to a matter described in (1)(B) of this subsection [A SUMMARY OF AGENCY AND PUBLIC COMMENTS RECEIVED AND THE DEPARTMENT'S RESPONSES TO THOSE COMMENTS]; and (3)" Insert "[A SUMMARY OF AGENCY AND PUBLIC COMMENTS RECEIVED AND THE DEPARTMENT'S RESPONSES TO THOSE COMMENTS; AND (3)]" Page 9, line 7: Delete all material. Renumber the following paragraphs accordingly. Page 9, line 9, before "the economic": Insert "except as otherwise provided in AS38.05.073 for land suitable for recreational facilities development leasing," Page 9, line 12: After "file" Insert "an administrative appeal or" After "reconsideration" Insert ", as appropriate," Page 9, line 15, after "finding,": Insert "file an administrative appeal or" Page 9, line 16, after "file": Insert "an administrative appeal or" Page 9, line 20, after "comment;": Insert "or" 1994-04-21 Senate Journal Page 3852 SB 308 Page 9, line 22: Delete "or" Insert "and" Page 9, lines 23 - 26: Delete "(C) adopting as the person's own testimony concerns that were expressed by another, either by submitting a written statement to that effect during the period for receipt of public comment or by so declaring during a public hearing; and" Page 9, line 28: Delete "A" Insert "An administrative appeal or a" Page 9, line 30, after "deny the": Insert "administrative appeal or reconsideration" Page 10, line 3, after "If": Insert "an administrative appeal or" Page 10, line 4: Delete "after reconsideration" Page 10, line 8, after "request,": Insert "an administrative appeal or" Page 10, line 9, after "on": Insert "administrative appeal or" Page 10, line 13, after "person's": Insert "administrative appeal or" Page 13, lines 18 - 19: Delete "proposed for that phase" Insert "for which the consistency determination is sought" 1994-04-21 Senate Journal Page 3853 SB 308 Page 13, line 24: Delete "proposed for that phase" Insert "for which the consistency determination is sought" Page 13, line 26: Delete "prepare and issue a written statement describing" Insert "describe in the consistency determination" Senator Pearce moved for the adoption of Amendment No. 4. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 4 was adopted. CS FOR SENATE BILL NO. 308(FIN) am was automatically in third reading on reconsideration. Senator Little moved that Letter of Intent No. 2 offered below be adopted. Senator Taylor objected. Letter of Intent for CS For SB 308(FIN) am It is the intent of the legislature that the sections of this legislation pertaining to AS 46.40 will be consistent with the federal coastal zone management program and intent governing phased consistency determinations. Senator Pearce offered the following amendment to Letter of Intent No. 2. Delete:"program and intent governing phased consistency determinations" Insert:"act" Senator Pearce moved for the adoption of the amendment to Letter of Intent No. 2. Senator Kerttula objected. The question being: "Shall the amendment to Letter of Intent No. 2 be adopted?" The roll was taken with the following result: 1994-04-21 Senate Journal Page 3854 SB 308 CSSB 308(FIN) am Amendment to Letter of Intent #2 YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Excused: Donley and so, the amendment to Letter of Intent No. 2 was adopted. The question being: "Shall the Letter of Intent No. 2 as amended be adopted?" The roll was taken with the following result: CSSB 308(FIN) am Adopt Letter of Intent #2 as amended? YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Jacko, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Zharoff Nays: Halford, Kelly, Sharp, Taylor Excused: Donley and so, the Senate Letter of Intent No. 2 as amended was adopted. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 308(FIN) am "An Act modifying administrative procedures and decisions by state agencies that relate to uses and dispositions of state land, property, and resources, and to the interests within them; and modifying administrative procedures and decisions by state agencies that relate to uses and activities involving land, property, and resources, and to the interests within them, that are subject to the coastal management program when the use or activity is to be authorized or developed in phases; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1994-04-21 Senate Journal Page 3855 SB 308 CSSB 308(FIN) am Third Reading - On Reconsideration Effective Date YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Excused: Donley and so, CS FOR SENATE BILL NO. 308(FIN) am passed the Senate on reconsideration with a Senate Letter of Intent. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 308(FIN) am Effective Date Vote YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Ellis, Little Excused: Donley and so, the effective date clause was adopted. CS FOR SENATE BILL NO. 308(FIN) am was referred to the Secretary for engrossment.