Legislature(2013 - 2014)

2014-04-16 Senate Journal

Full Journal pdf

2014-04-16                     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.