Legislature(1997 - 1998)
1997-03-25 House Journal
Full Journal pdf1997-03-25 House Journal Page 0831 HB 51 The following, which had been moved down the calendar to follow CSHB 112(FIN) (page 829), was read the second time: HOUSE BILL NO. 51 An Act relating to the Department of Environmental Conservation. with the: Journal Page O&G RPT CS(O&G) 3DP 1DNP 2NR 188 2 FISCAL NOTES (DEC, F&G) 189 FIN RPT CS(FIN) NT 7DP 1NR 2AM 536 2 FISCAL NOTES (F&G, DEC) 537 RLS RPT CS(RLS) NT DP2 DNP1 NR1 769 2 FISCAL NOTES (F&G, DEC) 3/5/97 770 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 51(RLS) An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 5, line 4, following "Agency": Insert "or substantially equivalent methods approved by the department" Page 5, lines 17-18: Delete "a method that is substantially equivalent to" Insert "an alternative method that is scientifically or technically more appropriate than" 1997-03-25 House Journal Page 0832 HB 51 Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Davies objected. Representative Davies moved and asked unanimous consent that the question be divided. Objection was heard. The Speaker ruled that the question was divisible. The question being: Shall the question be divided? The roll was taken with the following result: CSHB 51(RLS) Second Reading Amendment No. 1--Divide YEAS: 12 NAYS: 21 EXCUSED: 5 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Foster, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams Absent: Ivan, Kookesh And so, Amendment No. 1 was not divided. Representative Porter placed a call of the House on the bill. The call was satisfied. 1997-03-25 House Journal Page 0833 HB 51 Amendment to Amendment No. 1 was offered by Representative Davies: Following department: Delete all material. Representative Davies moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: Shall Amendment to Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 51(RLS) Second Reading Amendment to Amendment No. 1 YEAS: 16 NAYS: 19 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, Grussendorf, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment to Amendment No. 1 was not adopted. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 51(RLS) Second Reading Amendment No. 1 YEAS: 23 NAYS: 12 EXCUSED: 5 ABSENT: 0 1997-03-25 House Journal Page 0834 HB 51 Yeas: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kookesh, Kott, Martin, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia, Phillips, Porter Excused: Barnes, Dyson, Masek, Mulder, Williams Ryan changed from "Nay" to "Yea". And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Kubina: Page 1, line 1 (title amendment): Delete "the Department of Environmental Conservation" Insert "administrative penalties for violation of public water supply system requirements" Page 1, line 5, through page 2, line 2: Delete all material and insert: "* Section 1. FINDINGS. The legislature finds that" Page 2, line 15: Delete "sec. 5 of" Page 2, line 18, through page 6, line 24: Delete all material. Renumber the following bill sections accordingly. Page 8, line 25: Delete "sec. 5" Insert "sec. 2" Page 8, line 28: Delete "sec. 5" Insert "sec. 2" Delete "sec. 6" Insert "sec. 3" 1997-03-25 House Journal Page 0835 HB 51 Page 8, line 31, through page 9, line 17: Delete all material. Renumber the following bill sections accordingly. Page 9, line 20: Delete "sec. 5" Insert "sec. 2" Page 9, line 21: Delete "sec. 5" Insert "sec. 2" Page 9, line 22: Delete "Sections 1(b) and 5 of this Act take" Insert "Except as provided in sec. 7 of this Act, this Act takes" Page 9, line 31: Delete "Section 9" Insert "Section 5" Representative Kubina moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 2 YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey 1997-03-25 House Journal Page 0836 HB 51 Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Kemplen: Page 1, line 12, following interest: Insert and that protect multiple uses of the states waters Representative Kemplen moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Ryan objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 3 YEAS: 29 NAYS: 6 EXCUSED: 5 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Therriault Nays: Cowdery, Foster, James, Ryan, Sanders, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Kemplen: Page 1, line 14, following with: Insert ; however, protection of public health is paramount 1997-03-25 House Journal Page 0837 HB 51 Representative Kemplen moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Davies: Page 6, lines 7-14: Delete all material. Renumber the following paragraphs accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 5 YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Davies: Page 3, line 9, following Act): Insert shall 1997-03-25 House Journal Page 0838 HB 51 Page 3, line 10: Delete shall Page 3, line 10: Delete minimum Page 3, line 11, following fish: Insert , shellfish Page 3, line 11, following wildlife: Insert , recreation in and on the water, domestic water supplies and agricultural, industrial and navigational uses Page 3, line 12: Delete shall Page 3, lines 12-13: Delete background or Page 3, line 14: Delete , such as, but not limited to, arsenic Page 3, line 15: Delete shall Page 3, line 15, following use: Delete scientific justification Insert the federal criteria Page 3, line 15, following standards: Delete that can be reliably measured Insert unless the state has developed alternative criteria that are scientifically based and that have been approved by the federal Environmental Protection Agency Page 3, lines 17-18: Delete all material and insert: (4) ensure protection of the appropriate designated uses for the states water bodies; and 1997-03-25 House Journal Page 0839 HB 51 Page 3, line 19: Delete shall Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 6 YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment No. 6 was not adopted. The Speaker stated that CSHB 51(RLS) am would be held in second reading to the March 26, 1997, calendar.