Legislature(2013 - 2014)
2013-03-04 House Journal
Full Journal pdf2013-03-04 House Journal Page 0434 HB 77 The following, which was advanced to third reading from the February 27, 2013, calendar (page 387), was read the third time: CS FOR HOUSE BILL NO. 77(RES) "An Act relating to the Alaska Land Act, including certain authorizations, contracts, leases, permits, or other disposals of state land, resources, property, or interests; relating to authorization for the use of state land by general permit; relating to exchange of state land; relating to procedures for certain administrative appeals and requests for reconsideration to the commissioner of natural resources; relating to the Alaska Water Use Act; and providing for an effective date." Representative Gara moved and asked unanimous consent that CSHB 77(RES) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, CSHB 77(RES) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representatives Gara, Tarr, Josephson, Kreiss-Tomkins, and Kawasaki: Page 20, following line 1: Insert new bill sections to read: "* Sec. 35. AS 46.15.080(a) is amended to read: (a) Except as provided in (c) of this section, the [THE] commissioner shall issue a permit if the commissioner finds that (1) rights of a prior appropriator will not be unduly affected; (2) the proposed means of diversion or construction are adequate; (3) the proposed water withdrawal does not materially harm habitat for sport, commercial, or subsistence 2013-03-04 House Journal Page 0435 fish when compared to the water level that would be present if no water withdrawal were permitted; (4) the proposed use of water is beneficial; and (5) [(4)] the proposed appropriation is in the public interest. * Sec. 36. AS 46.15.080 is amended by adding a new subsection to read: (c) The commissioner may issue a permit for the appropriation of the minimum amount of water necessary for oil and gas development if the commissioner makes the findings required in (a)(1), (2), (4), and (5) of this section and makes a written finding that there is no alternate source of water from which it is feasible to make an appropriation with less detriment to fish and fish habitat." Renumber the following bill sections accordingly. Page 22, line 15: Delete "sec. 40" Insert "sec. 42" Page 22, line 17: Delete "sec. 40" Insert "sec. 42" Page 22, line 20: Delete "sec. 40" Insert "sec. 42" Page 23, line 13: Delete "Section 45" Insert "Section 47" Page 23, line 14: Delete "sec. 47" Insert "sec. 49" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. 2013-03-04 House Journal Page 0436 Representative Feige objected. HB 77 CSHB 77(RES) was before the House with Amendment No. 1 (page 434) moved and pending. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 77(RES) Second Reading Amendment No. 1 YEAS: 12 NAYS: 24 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Drummond, Edgmon, Foster, Gara, Gruenberg, Herron, Josephson, Kerttula, Kreiss-Tomkins, Tarr, Tuck Nays: Chenault, Costello, Feige, Gattis, Hawker, Higgins, Holmes, Isaacson, Johnson, Keller, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Guttenberg, Hughes, LeDoux Absent: Kawasaki And so, Amendment No. 1 was not adopted. 2013-03-04 House Journal Page 0437 Amendment No. 2 was offered by Representative Tarr: Page 21, lines 15 - 24: Delete all material. Renumber the following bill sections accordingly. Page 22, lines 12 - 30: Delete all material. Renumber the following bill sections accordingly. Page 23, line 13: Delete "Section 45" Insert "Section 43" Page 23, line 14: Delete "sec. 47" Insert "sec. 45" Representative Tarr moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Feige objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 77(RES) Second Reading Amendment No. 2 YEAS: 12 NAYS: 25 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Drummond, Edgmon, Gara, Gruenberg, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, Tarr, Tuck, P.Wilson Nays: Chenault, Costello, Feige, Foster, Gattis, Hawker, Herron, Higgins, Holmes, Isaacson, Johnson, Keller, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, T.Wilson 2013-03-04 House Journal Page 0438 Excused: Guttenberg, Hughes, LeDoux And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Josephson: Page 6, line 23: Delete "substantially and" Page 10, line 1: Delete "A substantially and" Insert "An" Page 11, line 6: Delete "substantially and" Page 11, line 26: Delete "A substantially and" Insert "An" Page 18, line 7: Delete ", or substantially and" Insert "or is" Page 18, line 16: Delete "substantially and" Page 19, line 4: Delete "substantially and" Page 19, line 6: Delete "substantial and" Page 19, line 8: Delete "substantial and" Representative Josephson moved and asked unanimous consent that Amendment No. 3 be adopted. 2013-03-04 House Journal Page 0439 Representative Saddler objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 77(RES) Second Reading Amendment No. 3 YEAS: 14 NAYS: 23 EXCUSED: 3 ABSENT: 0 Yeas: Drummond, Edgmon, Gara, Gruenberg, Herron, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, Munoz, Nageak, Seaton, Tarr, Tuck Nays: Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker, Higgins, Holmes, Isaacson, Johnson, Keller, Lynn, Millett, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Guttenberg, Hughes, LeDoux And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representatives Kreiss-Tomkins and Gara: Page 21, line 16: Delete "or" Page 21, line 17, following "States": Insert ", or a Native entity in the state that is on the list of Indian entities that are recognized and eligible to receive services from the United States Bureau of Indian Affairs, Department of the Interior, published in 67 Federal Register 46328-01 on July 12, 2002," Representative Kreiss-Tomkins moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Feige objected. 2013-03-04 House Journal Page 0440 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 77(RES) Second Reading Amendment No. 4 YEAS: 17 NAYS: 20 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Drummond, Edgmon, Foster, Gara, Gruenberg, Herron, Holmes, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, Munoz, Nageak, Seaton, Tarr, Tuck Nays: Chenault, Costello, Feige, Gattis, Hawker, Higgins, Isaacson, Johnson, Keller, Lynn, Millett, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Guttenberg, Hughes, LeDoux And so, Amendment No. 4 was not adopted. CSHB 77(RES) was automatically in third reading. The question being: "Shall CSHB 77(RES) pass the House?" The roll was taken with the following result: CSHB 77(RES) Third Reading Final Passage YEAS: 23 NAYS: 14 EXCUSED: 3 ABSENT: 0 Yeas: Chenault, Costello, Feige, Gattis, Hawker, Higgins, Holmes, Isaacson, Johnson, Keller, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Austerman, Drummond, Edgmon, Foster, Gara, Gruenberg, Herron, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, Seaton, Tarr, Tuck Excused: Guttenberg, Hughes, LeDoux And so, CSHB 77(RES) passed the House. 2013-03-04 House Journal Page 0441 Representative Pruitt moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 77(RES) Third Reading Effective Date YEAS: 31 NAYS: 6 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Isaacson, Johnson, Keller, Kerttula, Kreiss-Tomkins, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Drummond, Gara, Josephson, Kawasaki, Tarr, Tuck Excused: Guttenberg, Hughes, LeDoux And so, the effective date clause was adopted. CSHB 77(RES) was referred to the Chief Clerk for engrossment.