Legislature(2001 - 2002)

2001-06-08 House Journal

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2001-06-08                     House Journal                      Page 1834
HB 260                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 1832) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 260(FIN) am                                                               
    "An Act requiring the owners or operators of certain commercial                                 
    passenger vessels operating in the marine waters of the state to                                
    register with the Department of Environmental Conservation;                                     
    establishing information-gathering, record keeping, and reporting                               
    requirements relating to the vessels' graywater, sewage, hazardous                              
    substances, hazardous wastes, solid wastes, and other pollutants;                               
    establishing certain sampling, testing, reporting, and record-                                  
    keeping requirements as terms and conditions of permitting                                      
    discharges from the vessels; authorizing the Department of                                      
    Environmental Conservation to provide for independent                                           
    verification of compliance by the vessels, and to monitor and                                   
    supervise discharges from the vessels; prohibiting the discharge of                             
    untreated sewage from the vessels; placing limits on discharges of                              
    treated sewage and graywater from the vessels; providing that                                   
    there is no audit report privilege for complying with a requirement                             
    that the owner or operator of a commercial passenger vessel must                                
    report discharges of sewage or graywater that violate laws;                                     

2001-06-08                     House Journal                      Page 1835
    establishing a fee, ranging from $.70 - $1.75 per berth, with a                                 
    maximum of $3,750 per voyage, on commercial passenger vessels                                   
    that are not operated by the state for each voyage during which the                             
    vessels operate in the marine waters of the state based on the                                  
    overnight accommodation capacity of the vessels determined with                                 
    reference to the number of lower berths; providing for a fee for                                
    vessels operated by the state to be determined by an agreement                                  
    between the commissioner of environmental conservation and the                                  
    commissioner of transportation and public facilities; authorizing                               
    the Department of Environmental Conservation to research,                                       
    monitor, and study discharges and releases from commercial                                      
    passenger vessels, including the opacity of air emissions from the                              
    vessels; establishing penalties for failure to comply with certain                              
    laws relating to the vessels; authorizing the Department of                                     
    Environmental Conservation to encourage and recognize superior                                  
    environmental protection efforts related to commercial passenger                                
    vessels; authorizing the Department of Environmental                                            
    Conservation to adopt regulations to implement laws relating to                                 
    commercial passenger vessels and directing the department to use                                
    negotiated regulation procedures, when appropriate, to develop the                              
    regulations; establishing a commercial passenger vessel coastal                                 
    protection fund; requiring a report from the Department of                                      
    Environmental Conservation concerning matters relating to the                                   
    vessels; and providing for an effective date."                                                  
                                                                                                    
and                                                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 260(FIN) am S                                                             
    "An Act relating to marine passenger vessels; and providing for an                              
    effective date."                                                                                
                                                                                                    
 (SCR 18- title change resolution)                                                                  
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Berkowitz placed a call of the House.                                                
                                                                                                    
**The presence of Representative Ogan was noted.                                                    
                                                                                                    
The call was satisfied.                                                                             

2001-06-08                     House Journal                      Page 1836
The question being: "Shall the House consider the Senate message on                                 
CSHB 260(FIN) am at this time?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
CSHB 260(FIN) am S                                                                                  
Concur                                                                                              
Consider at this time                                                                               
                                                                                                    
YEAS:  24   NAYS:  11   EXCUSED:  5   ABSENT:  0                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Foster, Halcro, Harris,                                     
Hudson, James, Kohring, Kott, Lancaster, McGuire, Morgan, Mulder,                                   
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Moses                                                                     
                                                                                                    
Excused:  Fate, Green, Kookesh, Masek, Meyer                                                        
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to CSHB 260(FIN) am, thus adopting CSHB 260(FIN) am                                       
S, and recommended that the members vote no.                                                        
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 260(FIN) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
CSHB 260(FIN) am S                                                                                  
Concur                                                                                              
                                                                                                    
YEAS:  11   NAYS:  24   EXCUSED:  5   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Moses                                                                     
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Foster, Halcro, Harris,                                     
Hudson, James, Kohring, Kott, Lancaster, McGuire, Morgan, Mulder,                                   
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Williams, Wilson                                                                                    
                                                                                                    

2001-06-08                     House Journal                      Page 1837
Excused:  Fate, Green, Kookesh, Masek, Meyer                                                        
                                                                                                    
And so, the House failed to concur in the Senate amendment, thus                                    
failing to adopt CSHB 260(FIN) am S.                                                                
                                                                                                    
The Chief Clerk was instructed to so notify the Senate and respectfully                             
request it to recede.                                                                               
                                                                                                    
In the event the Senate fails to recede from its amendment, the                                     
Speaker appointed the following members to a Conference Committee                                   
to meet with the like committee from the Senate to consider the above                               
bills:                                                                                              
                                                                                                    
 Representative Mulder, Chair                                                                       
 Representative Hudson                                                                              
 Representative Kerttula