Legislature(2019 - 2020)
2020-03-22 Senate Journal
Full Journal pdf2020-03-22 Senate Journal Page 2192 SB 193 CS FOR SENATE BILL NO. 193(RES) "An Act relating to liability of an electric utility for contact between vegetation and the utility's facilities; and relating to vegetation management plans" which had been held in third reading (page 2174) was before the Senate. Senator Wielechowski moved the bill be returned to second reading for Amendment No. 1 and Amendment No. 2. Without objection, the bill was returned to second reading. 2020-03-22 Senate Journal Page 2193 Senator Wielechowski offered Amendment No. 1 : Page 1, line 12, through page 2, line 8: Delete all material and insert: "(b) This section does not preclude civil liability for property damage, death, or personal injury resulting from (1) an intentional, reckless, or negligent act or omission of the utility; or (2) contact between vegetation and the utility's facilities if (A) the vegetation was located entirely within the boundaries of the utility's real property, lease, permit, easement, or right-of- way, and the utility did not have, or failed to comply with, a vegetation management plan; or (B) the vegetation was located outside the boundaries of the utility's real property, lease, permit, easement, or right-of-way, and the utility caused the vegetation to (i) enter the boundaries of the utility's real property, lease, permit, easement, or right-of-way; and (ii) contact the utility's facilities." Senator Wielechowski moved for the adoption of Amendment No. 1. Senator Coghill objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 193(RES) Second Reading Amendment No. 1? YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Reinbold, Shower, Wielechowski, Wilson Nays: Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak, Stedman, Stevens, von Imhof Excused: Costello and so, Amendment No. 1 failed. 2020-03-22 Senate Journal Page 2194 Senator Wielechowski offered Amendment No. 2 : Page 2, following line 8: Insert a new subsection to read: "(c) This section does not preclude civil liability for private property damage resulting from a fire caused by contact between vegetation and a utility's facilities." Reletter the following subsection accordingly. Senator Wielechowski moved for the adoption of Amendment No. 2. Senator Coghill objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 193(RES) Second Reading Amendment No. 2? YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Olson, Reinbold, Shower, Wielechowski, Wilson Nays: Bishop, Coghill, Giessel, Hughes, Micciche, Revak, Stedman, Stevens, von Imhof Excused: Costello and so, Amendment No. 2 was adopted. CS FOR SENATE BILL NO. 193(RES) am was automatically in third reading. Senator Coghill moved and asked unanimous consent to withdraw CS FOR SENATE BILL NO. 193(RES) am "An Act relating to liability of an electric utility for contact between vegetation and the utility's facilities; and relating to vegetation management plans." There being no objection, the bill was withdrawn. 2020-03-22 Senate Journal Page 2195 Senator Coghill moved and asked unanimous consent to rescind his previous action in withdrawing the bill. Without objection, it was so ordered. Senator Hoffman moved and asked unanimous consent the bill be returned to the Rules Committee. Without objection, the bill was returned to the Rules Committee.