Legislature(2013 - 2014)
2014-04-16 Senate Journal
Full Journal pdf2014-04-16 Senate Journal Page 2513 HB 47 CS FOR HOUSE BILL NO. 47(JUD) "An Act requiring a party seeking a restraining order, preliminary injunction, or order vacating or staying the operation of certain permits affecting an industrial operation to give security in the amount the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained" which had been moved to the bottom of today's calendar (page 2504), was before the Senate in second reading. Senator French offered Amendment No. 1 : Page 2, line 8, following "if": Insert new paragraphs to read: "(1) the action seeks to enforce a right under the Constitution of the State of Alaska; or (2)" Page 2, line 10: Delete "(1) Insert "(A)" 2014-04-16 Senate Journal Page 2514 Page 2, line 13: Delete "(2)" Insert "(B)" Senator French moved for the adoption of Amendment No. 1. Senator McGuire objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 47(JUD) Second Reading Amendment No. 1 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Hoffman, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman, Stevens and so, Amendment No. 1 failed. Senator Wielechowski offered Amendment No. 2 : Page 2, line 8, following "if": Insert new paragraphs to read: "(1) a court finds that party to be indigent and the action not frivolous; this finding may be made on an affidavit filed by the party showing that the party is unable to pay for a bond and further stating the grounds for the action and the belief that the party is entitled to redress; or (2)" Page 2, line 10: Delete "(1)" Insert "(A)" Page 2, line 13: Delete "(2)" Insert "(B)" 2014-04-16 Senate Journal Page 2515 Senator Wielechowski moved for the adoption of Amendment No. 2. Senator McGuire objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 47(JUD) Second Reading Amendment No. 2 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Hoffman, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman, Stevens and so, Amendment No. 2 failed. Senator French offered Amendment No. 3 : Page 2, following line 3: Insert a new subsection to read: "(c) When establishing a security amount under (b) of this section, the court shall also consider whether the industrial operation is likely to result in significant or irreparable harm to the public interest and whether the public interest value of the lawsuit outweighs the possible damage to the defendant. In this subsection, "public interest" includes social and economic impacts and impacts to the land, air, and water resources held in the public trust." Reletter the following subsections accordingly. Senator French moved for the adoption of Amendment No. 3. Senator McGuire objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 47(JUD) Second Reading Amendment No. 3 2014-04-16 Senate Journal Page 2516 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Hoffman, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman, Stevens and so, Amendment No. 3 failed. Senator Wielechowski offered Amendment No. 4 : Page 2, line 12: Delete "or" Page 2, line 15, following "Interior": Insert "; or (3) the Department of Natural Resources, and public notice is not required under AS 38.05.945 or public notice that is required under AS 38.05.945 is not given" Senator Wielechowski moved for the adoption of Amendment No. 4. Senator McGuire objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 47(JUD) Second Reading Amendment No. 4 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Hoffman, Micciche, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Stedman, Stevens and so, Amendment No. 4 failed. Senator French offered Amendment No. 5 : 2014-04-16 Senate Journal Page 2517 Page 1, line 2: Delete "vacating or" Page 1, line 8: Delete "vacating or" Senator French moved for the adoption of Amendment No. 5. Senator Stedman objected, then withdrew his objection. There being no further objection, Amendment No. 5 was adopted. Senator Wielechowski offered Amendment No. 6 : Page 2, line 2, following "subsection": Insert "(1)" Page 2, line 3, following "production": Insert"; (2) "wrongfully enjoined or restrained" means enjoined or restrained by a court arbitrarily and capriciously" Senator Wielechowski moved for the adoption of Amendment No. 6. Senator McGuire objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 47(JUD) am S Second Reading Amendment No. 6 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens and so, Amendment No. 6 failed. 2014-04-16 Senate Journal Page 2518 Senator French offered Amendment No. 7 : Page 1, line 14, through page 2, line 1: Delete "may be suffered" Insert "will actually be paid to employees, contractors, and subcontractors by the industrial operation" Senator French moved for the adoption of Amendment No. 7. Senator McGuire objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 47(JUD) am S Second Reading Amendment No. 7 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens and so, Amendment No. 7 failed. Senator Wielechowski offered Amendment No. 8 : Page 1, line 4, following "restrained": Insert "; relating to the award of attorney fees and costs in civil actions or appeals in cases involving public interest litigants; relating to the posting of bonds or other security by public interest litigants; and relating to award of attorney fees and costs in cases involving enforcement of constitutional rights" Page 2, following line 15: Insert new bill sections to read: "* Sec. 2. Section 1, ch. 86, SLA 2003, is repealed. * Sec. 3. AS 09.60.010(b), 09.60.010(c), 09.60.010(d), 09.60.010(e); and AS 09.68.040(c) are repealed." 2014-04-16 Senate Journal Page 2519 Senator Wielechowski moved for the adoption of Amendment No. 8. Senator McGuire objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 47(JUD) am S Second Reading Amendment No. 8 YEAS: 5 NAYS: 14 EXCUSED: 0 ABSENT: 1 Yeas: Ellis, French, Gardner, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman, Stevens Absent: Dyson and so, Amendment No. 8 failed. Senator French offered Amendment No. 9 : Page 1, line 1, following "Act": Insert "expressing legislative intent regarding the Pebble Mine and" Page 1, following line 5: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE PURPOSE AND INTENT. The Alaska State Legislature opposes the development of the Pebble Mine in the Bristol Bay Fisheries Reserve in order to protect the world-class fisheries of the region and the livelihood of Alaskans who depend on those valuable fisheries." Page 1, line 6: Delete "Section 1" Insert "Sec. 2" 2014-04-16 Senate Journal Page 2520 Page 2, line 8, following "the": Insert new paragraphs to read: "(1) industrial operation is in a state fisheries reserve; or (2)" Page 2, line 10: Delete "(1)" Insert "(A)" Page 2, line 13: Delete "(2)" Insert "(B)" Senator French moved for the adoption of Amendment No. 9. Senator McGuire objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 47(JUD) am S Second Reading Amendment No. 9 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Hoffman, Olson, Stevens, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman and so, Amendment No. 9 failed. Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 47(JUD) am S "An Act requiring a party seeking a restraining order, preliminary injunction, or order staying the operation of certain permits affecting an industrial operation to give security in the amount the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained" was read the third time. 2014-04-16 Senate Journal Page 2521 The question being: "Shall CS FOR HOUSE BILL NO. 47(JUD) am S "An Act requiring a party seeking a restraining order, preliminary injunction, or order staying the operation of certain permits affecting an industrial operation to give security in the amount the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained" pass the Senate?" The roll was taken with the following result: CSHB 47(JUD) am S Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman, Stevens Nays: Ellis, French, Gardner, Hoffman, Olson, Wielechowski and so, CS FOR HOUSE BILL NO. 47(JUD) am S passed the Senate and was referred to the Secretary for engrossment.