Legislature(2003 - 2004)

2003-05-06 House Journal

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2003-05-06                     House Journal                      Page 1358
HB 191                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 191                                                                             
     "An Act relating to the Alaska coastal management program and                                  
     to policies and procedures for consistency reviews and the                                     
     rendering of consistency determinations under that program;                                    
     relating to the functions of coastal resource service areas; creating                          
     an Alaska Coastal Program Evaluation Council; eliminating the                                  
     Alaska Coastal Policy Council; annulling certain regulations                                   
     relating to the Alaska coastal management program; relating to                                 
     actions based on private nuisance; relating to zoning within a third                           
     class borough covered by the Alaska coastal management                                         
     program; and providing for effective dates."                                                   
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 FSH RPT 2DP 2DNP 1NR 2AM                                              638                          
 FN1: ZERO(DFG)                                                        639                          
 FN2: ZERO(DEC)                                                        639                          
 FN3: (DNR)                                                            639                          
 RES RPT CS(RES) NT 5DP 2DNP 2AM                                     1196                           
 FN1: ZERO(DFG)                                                      1197                           
 FN2: ZERO(DEC)                                                      1197                           
 FN3: (DNR)                                                          1197                           
 DISCHARGED FROM JUD                                                 1283                           
 FIN RPT CS(FIN) NT 3DP 2DNP 4NR                                     1308                           
 FN1: ZERO(DFG)                                                      1309                           
 FN2: ZERO(DEC)                                                      1309                           
 FN4: ZERO(DNR)                                                      1309                           
                                                                                                    

2003-05-06                     House Journal                      Page 1359
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 191(FIN)                                                                 
     "An Act relating to the Alaska coastal management program and                                  
     to policies and procedures for consistency reviews and the                                     
     rendering of consistency determinations under that program;                                    
     eliminating the Alaska Coastal Policy Council; annulling certain                               
     regulations relating to the Alaska coastal management program;                                 
     and providing for an effective date."                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
CSHB 191(FIN) be removed from the calendar and referred to the                                      
Rules Committee.                                                                                    
                                                                                                    
Representative Fate objected.                                                                       
                                                                                                    
Representative Coghill placed a call of the House.                                                  
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall CSHB 191(FIN) be removed from the                                       
calendar and referred to the Rules Committee?"  The roll was taken                                  
with the following result:                                                                          
                                                                                                    
CSHB 191(FIN)                                                                                       
Second Reading                                                                                      
Remove from Calendar, Refer to Rules Committee                                                      
                                                                                                    
YEAS:  11   NAYS:  28   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kookesh, Moses                                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                    
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, the motion failed.                                                                          

2003-05-06                     House Journal                      Page 1360
Amendment No. 1 was offered by Representative Fate:                                                 
                                                                                                    
Page 12, lines 28 - 29:                                                                             
 Delete "affected [INTERESTED]"                                                                 
 Insert "interested"                                                                                
                                                                                                    
Page 14, line 1:                                                                                    
 Delete "(g) of this section,"                                                                      
 Delete "AS 46.40.040(b),"                                                                          
                                                                                                    
Page 22, line 30:                                                                                   
 Delete "to the extent the regulations are not inconsistent with this                               
Act"                                                                                                
 Insert "notwithstanding any contrary provision of this Act"                                        
                                                                                                    
Page 23, line 1, following "Notwithstanding":                                                       
 Insert "any contrary provision of this Act,"                                                       
                                                                                                    
Page 23, lines 4 - 5:                                                                               
 Delete "that is not otherwise inconsistent with this Act or                                        
AS 46.40 as amended by this Act,"                                                                   
                                                                                                    
                                                                                                    
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
Representative Kerttula moved and asked unanimous consent to divide                                 
the question.                                                                                       
                                                                                                    
The Speaker ruled that Amendment No. 1 was divisible.                                               
                                                                                                    
There being no objection, Amendment No. 1 was divided.                                              
                                                                                                    
Amendment No. 1, Part A:                                                                            
                                                                                                    
Page 12, lines 28 - 29:                                                                             
 Delete "affected [INTERESTED]"                                                                 
 Insert "interested"                                                                                
                                                                                                    

2003-05-06                     House Journal                      Page 1361
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1, Part A be adopted.                                                                 
                                                                                                    
Representative Berkowitz objected and withdrew the objection.  There                                
being no further objection, Amendment No. 1, Part A was adopted.                                    
                                                                                                    
                                                                                                    
Amendment No. 1, Part B:                                                                            
                                                                                                    
Page 14, line 1:                                                                                    
 Delete "(g) of this section,"                                                                      
 Delete "AS 46.40.040(b),"                                                                          
                                                                                                    
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1, Part B be adopted.                                                                 
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1, Part B be adopted?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 1, Part B                                                                             
                                                                                                    
                                                                                                    
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Lynn, McGuire, Meyer,                                        
Morgan, Rokeberg, Seaton, Stoltze, Williams, Wolf                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kookesh, Kott, Masek, Moses, Ogg,                                      
Samuels, Weyhrauch, Whitaker, Wilson                                                                
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Masek changed from "Yea" to "Nay".                                                                  
Wilson changed from "Yea" to "Nay".                                                                 
                                                                                                    
And so, Amendment No. 1, Part B was adopted.                                                        
                                                                                                    

2003-05-06                     House Journal                      Page 1362
Amendment No. 1, Part C:                                                                            
                                                                                                    
Page 22, line 30:                                                                                   
 Delete "to the extent the regulations are not inconsistent with this                               
Act"                                                                                                
 Insert "notwithstanding any contrary provision of this Act"                                        
                                                                                                    
Page 23, line 1, following "Notwithstanding":                                                       
 Insert "any contrary provision of this Act,"                                                       
                                                                                                    
Page 23, lines 4 - 5:                                                                               
 Delete "that is not otherwise inconsistent with this Act or                                        
AS 46.40 as amended by this Act,"                                                                   
                                                                                                    
                                                                                                    
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1, Part C be adopted.                                                                 
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1, Part C was offered by                                                 
Representative Kerttula:                                                                            
                                                                                                    
Following "Insert "notwithstanding any contrary provision of this                                   
Act"":                                                                                              
 Insert "Page 22, line 31:                                                                          
  Delete "may"                                                                                      
  Insert "shall"                                                                                    
                                                                                                    
 Page 22, line 31, following "and":                                                                 
  Insert "may""                                                                                     
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment to Amendment No. 1, Part C be adopted.                                                    
                                                                                                    
                                                                                                    
Representative Weyhrauch objected.                                                                  
                                                                                                    

2003-05-06                     House Journal                      Page 1363
The question being:  "Shall Amendment to Amendment No. 1, Part C                                    
be adopted?"  The roll was taken with the following result:                                         
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment to Amendment No. 1, Part C                                                                
                                                                                                    
                                                                                                    
YEAS:  17   NAYS:  18   EXCUSED:  1   ABSENT:  4                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Fate, Foster, Gara,                                      
Gruenberg, Guttenberg, Kerttula, Kott, Lynn, McGuire, Meyer,                                        
Morgan, Moses, Seaton                                                                               
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Gatto, Harris,                                       
Hawker, Heinze, Holm, Joule, Ogg, Samuels, Stoltze, Weyhrauch,                                      
Whitaker, Williams, Wilson, Wolf                                                                    
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Kohring, Kookesh, Masek, Rokeberg                                                          
                                                                                                    
And so, Amendment to Amendment No. 1, Part C was not adopted.                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1, Part C be adopted?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 1, Part C                                                                             
                                                                                                    
YEAS:  25   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker,                                  
Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer,                                           
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker,                                          
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Crawford, Croft, Gara, Gatto,                                   
Gruenberg, Guttenberg, Joule, Kerttula, Kookesh, Moses, Weyhrauch                                   
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 1, Part C was adopted.                                                        
                                                                                                    

2003-05-06                     House Journal                      Page 1364
Amendment No. 2 was offered by Representatives Kerttula and                                         
Berkowitz:                                                                                          
                                                                                                    
Page 1, line 1, through page 24, line 28 (title amendment):                                         
 Delete all material and insert:                                                                    
 ""An Act relating to development of guidelines and                                               
enforceable policies by the Alaska Coastal Policy Council; and                                    
providing for an effective date."                                                                 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                                                  
ALASKA:                                                                                           
   * Section 1.  The uncodified law of the State of Alaska is amended                             
by adding a new section to read:                                                                    
 ALASKA COASTAL POLICY COUNCIL.  The Alaska Coastal                                                 
Policy Council shall revise the "guidelines and standards" found at 6                               
AAC 80.010 - 6 AAC 80.900.  The council shall develop guidelines                                    
for development of district coastal management programs.  The                                       
council shall develop statewide enforceable policies to address coastal                             
uses and resources subject to the Alaska coastal management program.                                
Guidelines and enforceable policies shall be developed in consultation                              
with coastal resource districts, state agencies, federal agencies, coastal                          
tribal governments, local governments in coastal communities, and the                               
public.  The revision shall be completed not later than July 1, 2005.                               
   * Sec. 2.  This Act takes effect July 1, 2003."                                                
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Fate objected.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kookesh, Moses, Ogg, Seaton                                            
                                                                                                    

2003-05-06                     House Journal                      Page 1365
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Meyer, Morgan, Rokeberg, Samuels, Stoltze, Weyhrauch,                                      
Whitaker, Williams, Wilson, Wolf                                                                    
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 191(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 191(FIN) am will advance to third reading on tomorrow's                                        
calendar.