Legislature(2013 - 2014)

2013-04-14 House Journal

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2013-04-14                     House Journal                      Page 1252
SB 27                                                                                                                         
The following, which was advanced to third reading from the April 13,                                                           
2013, calendar (page 1177), was read the third time:                                                                            
                                                                                                                                
     SENATE BILL NO. 27                                                                                                         
     "An Act establishing authority for the state to evaluate and seek                                                          
     primacy for administering the regulatory program for dredge and                                                            
     fill activities allowed to individual states under federal law and                                                         
    relating to the authority; and providing for an effective date."                                                           
                                                                                                                                
Representative Kawasaki moved and asked unanimous consent that                                                                  
SB 27 be returned to second reading for the specific purpose of                                                                 
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 1 was offered  by Representative Kawasaki:                                                                         
                                                                                                                                
Page 1, line 12, following "state,":                                                                                            
     Insert "including a state programmatic general permit under 33                                                             
U.S.C. 1344(e),"                                                                                                                
                                                                                                                                

2013-04-14                     House Journal                      Page 1253
Page 2, line 10, following "responsibilities":                                                                                  
     Insert ", specifically a programmatic general permit"                                                                      
                                                                                                                                
Page 2, line 14:                                                                                                                
     Delete "any dredge and fill permitting program"                                                                            
     Insert "a state programmatic general permit program under 33                                                               
U.S.C. 1344(e) for certain categories of dredge and fill activities, as"                                                        
                                                                                                                                
Page 4, line 21, following "enforce":                                                                                       
     Insert "a state programmatic general permit program under 33                                                           
U.S.C. 1344(e), as"                                                                                                         
                                                                                                                                
Page 4, lines 26 - 27:                                                                                                          
     Delete "THE DREDGE AND FILL PERMITTING PROGRAM"                                                                            
     Insert "A STATE PROGRAMMATIC GENERAL PERMIT                                                                                
PROGRAM FOR CERTAIN DREDGE AND FILL ACTIVITIES,                                                                                 
AS"                                                                                                                             
                                                                                                                                
Page 4, line 30:                                                                                                                
     Delete "the dredge and fill permitting program"                                                                            
     Insert "a state programmatic general permit program under 33                                                               
U.S.C. 1344(e) for certain categories of dredge and fill activities, as"                                                        
                                                                                                                                
Page 5, line 4, following "regulate":                                                                                           
     Insert "a state programmatic general permit program under 33                                                               
U.S.C. 1344(e) for certain categories of"                                                                                       
                                                                                                                                
Page 5, line 8:                                                                                                                 
     Delete "the regulation"                                                                                                    
     Insert "a state programmatic general permit program under 33                                                               
U.S.C. 1344(e) for certain categories"                                                                                          
                                                                                                                                
Representative Kawasaki moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative T. Wilson objected.                                                                                              
                                                                                                                                
Representative Saddler rose to a point of order, citing Section 101 of                                                          
Mason's Manual.                                                                                                                 
                                                                                                                                

2013-04-14                     House Journal                      Page 1254
The Speaker cautioned members to confine remarks to the                                                                         
amendment.                                                                                                                      
                                                                                                                                
                                                                                                                                
**The presence of Representative Olson was noted.                                                                               
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
Representative Gruenberg be excused from a call of the House today.                                                             
There being no objection, it was so ordered, and his presence was                                                               
noted later.                                                                                                                    
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
SB 27                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  8   NAYS:  28   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Drummond, Gara, Josephson, Kawasaki, Kerttula,                                                                           
Kreiss-Tomkins, Tarr, Tuck                                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Hawker, Herron, Higgins, Holmes, Isaacson, Johnson, Keller,                                                                     
LeDoux, Lynn, Millett, Munoz, Neuman, Olson, Pruitt, Reinbold,                                                                  
Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson                                                                          
                                                                                                                                
Excused:  Gruenberg, Guttenberg, Nageak                                                                                         
                                                                                                                                
Absent:  Hughes                                                                                                                 
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
SB 27 was automatically in third reading.                                                                                       
                                                                                                                                
**The presence of Representative Gruenberg, who was excused, was                                                                
noted.                                                                                                                          
                                                                                                                                
The question being:  "Shall SB 27 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                

2013-04-14                     House Journal                      Page 1255
SB 27                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  25   NAYS:  13   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Chenault, Costello, Feige, Foster, Gattis, Hawker, Higgins,                                                              
Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson,                                                             
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Nays:  Austerman, Drummond, Edgmon, Gara, Gruenberg, Herron,                                                                    
Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, Seaton, Tarr, Tuck                                                               
                                                                                                                                
Excused:  Guttenberg, Nageak                                                                                                    
                                                                                                                                
And so, SB 27 passed the House.                                                                                                 
                                                                                                                                
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:                                                                                       
                                                                                                                                
SB 27                                                                                                                           
Third Reading                                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  33   NAYS:  5   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson,                                                                   
Johnson, Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze,                                                               
Thompson, Tuck, P.Wilson, T.Wilson                                                                                              
                                                                                                                                
Nays:  Drummond, Gara, Josephson, Kawasaki, Tarr                                                                                
                                                                                                                                
Excused:  Guttenberg, Nageak                                                                                                    
                                                                                                                                
And so, the effective date clause was adopted.                                                                                  
                                                                                                                                
SB 27 was signed by the Speaker and Chief Clerk, and returned to the                                                            
Senate.