Legislature(1997 - 1998)
1997-03-26 House Journal
Full Journal pdf1997-03-26 House Journal Page 0852 HB 51 The following, which had been held in second reading to today's calendar (page 839), was before the House: CS FOR HOUSE BILL NO. 51(RLS) am 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. Amendment No. 7 was offered by Representative Davies: Page 3, lines 1-5: Delete all material. Page 6, lines 23-24: Delete known at the time of enactment of the federal law known as the Federal Water Pollution Control Act Amendments of 1972 Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 7 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Williams Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey 1997-03-26 House Journal Page 0853 HB 51 Excused: Nicholia And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Elton: Page 3, line 25: Delete outside the mixing zone Representative Elton moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 8 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Williams Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Nicholia And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Elton: Page 3, line 21 through page 4, line 11: Delete all material. 1997-03-26 House Journal Page 0854 HB 51 Reletter the remaining subsections accordingly. Representative Elton moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 9 YEAS: 10 NAYS: 28 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Nicholia Absent: Williams And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Croft: Page 1, lines 13-14, following criteria: Delete , and be economically feasible to comply with Representative Croft moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Rokeberg objected. 1997-03-26 House Journal Page 0855 HB 51 The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 10 YEAS: 12 NAYS: 25 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Croft, Davies, Dyson, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Ogan Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Nicholia Absent: Ivan, Williams And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Croft: Page 4, lines 18-31: Delete all material. Reletter the remaining subsections accordingly. Page 5, line 11 through page 6, line 4: Delete all material. Renumber the remaining sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Rokeberg objected. 1997-03-26 House Journal Page 0856 HB 51 The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 11 YEAS: 9 NAYS: 27 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Nicholia Absent: Hanley, Joule, Williams And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Berkowitz: Page 1, line 14, following with: Insert to the extent practicable after ensuring protection of public health, propagation of fish, shellfish and wildlife, protecting domestic water supplies, providing for recreation in and on the water, and agricultural, industrial, and navigational uses Representative Berkowitz moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 12 be adopted? The roll was taken with the following result: 1997-03-26 House Journal Page 0857 HB 51 CSHB 51(RLS) am Second Reading Amendment No. 12 YEAS: 15 NAYS: 20 EXCUSED: 1 ABSENT: 4 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Kemplen, Kookesh, Kubina, Moses, Ogan Nays: Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Nicholia Absent: Hanley, Joule, Martin, Williams And so, Amendment No. 12 was not adopted. **Representative Barnes who had been previously excused left the Chamber. Amendment No. 13 was offered by Representative Berkowitz: Page 5, lines 5-10: Delete all material. Representative Berkowitz moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 13 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 13 YEAS: 12 NAYS: 23 EXCUSED: 2 ABSENT: 3 1997-03-26 House Journal Page 0858 HB 51 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Williams Nays: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Nicholia Absent: Hanley, Masek, Ogan And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative Green: Page 1, line 13, following criteria, and: Delete be Insert under which compliance is Page 1, line 14: Delete to comply with Representative Green moved and asked unanimous consent that Amendment No. 14 be adopted. Objection was heard. Representative Green moved and asked unanimous consent to withdraw Amendment No. 14. There being no objection, it was so ordered. New Amendment No. 14 was offered by Representative Green: Page 1, lines 13-14, following criteria, and: Delete be economically feasible to comply with Insert take into consideration economic feasibility Representative Green moved and asked unanimous consent that New Amendment No. 14 be adopted. 1997-03-26 House Journal Page 0859 HB 51 Objection was heard. The question being: Shall New Amendment No. 14 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading New Amendment No. 14 YEAS: 35 NAYS: 2 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Foster, Vezey Excused: Barnes, Nicholia Absent: Hanley And so, New Amendment No. 14 was adopted. Amendment No. 15 was offered by Representatives Elton and Kubina: Page 1, line 14, following with: Insert after considering impacts on the fishing industry Representative Kubina moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 15 be adopted? The roll was taken with the following result: 1997-03-26 House Journal Page 0860 HB 51 CSHB 51(RLS) am Second Reading Amendment No. 15 YEAS: 16 NAYS: 20 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Ogan, Williams Nays: Austerman, Cowdery, Davis, Foster, Green, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Nicholia Absent: Bunde, Hanley And so, Amendment No. 15 was not adopted. Representative Porter moved and asked unanimous consent that CSHB51(RLS) am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSHB 51(RLS) am will be in third reading on the March 27, 1997, calendar.