Legislature(1993 - 1994)

1994-04-06 Senate Journal

Full Journal pdf

1994-04-06                     Senate Journal                      Page 3476
SB 310                                                                       
SENATE BILL NO. 310 "An Act relating to the management and                     
sale of state timber; relating to the classification of state land that        
would preclude harvesting of timber or would designate harvesting              
of timber as an incompatible use; relating to the administration of            
forest land, proposals for state forest, and the determination of              
sustained yield; and providing for an effective date" which had been           
held to the April 6 calendar (page 3449) was read the second time.             
                                                                               
Senator Miller moved for the adoption of the Resources Committee               
Substitute offered on page 3406.  Senator Duncan objected.                     
                                                                               
Senator Duncan rose to a point of order on Rule 24(d).                         
                                                                               

1994-04-06                     Senate Journal                      Page 3477
SB 310                                                                       
President Halford stated that the point of order was not well taken.           
                                                                               
Senator Duncan withdrew his objection.                                         
                                                                               
There being no further objections, CS FOR SENATE BILL NO.                      
310(RES) "An Act relating to the management and sale of state                  
timber and relating to the administration of forest land" was adopted.         
                                                                               
CS FOR SENATE BILL NO. 310(RES) was read the second time.                      
                                                                               
Senator Little offered Amendment No. 1:                                        
                                                                               
	Page 5, line 2, following "agreement."                                        
                                                                               
	Insert "If a tentatively successful proposed agreement                        
includes land within a municipality, the commissioner shall submit             
the tentatively successful proposed agreement to the municipality to           
determine if the agreement is consistent with municipal land use               
plans.  The municipality shall make a consistency determination                
within 60 days of receipt of the tentatively successful proposed               
agreement and, if the agreement is not consistent with municipal               
land use plans, specifically set forth the provisions of the agreement         
that are not consistent."                                                      
                                                                               
	Page 5, following line 8:                                                     
	                                                                              
	Insert a new paragraph to read:                                               
		"(2)  must be consistent to the maximum                                     
extent practicable with municipal land use plans if the                        
agreement includes land within a municipality;"                                
                                                                               
	Renumber the following paragraph accordingly.                                 
                                                                               
Senator Little moved for the adoption of Amendment No. 1.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3478
SB 310                                                                       
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
Kelly changed from "Yea" to "Nay".                                             
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Little offered Amendment No. 2:                                        
                                                                               
	Page 7, following line 3:                                                     
	                                                                              
	Insert a new subsection to read:                                              
                                                                               
	"(l)  At least every five years during the term of an                        
agreement under this section, the commissioner shall review                    
the operator's performance under the agreement and, if the                     
operator has not complied with the agreement's terms and                       
conditions, the commissioner shall impose fines and penalties                  
as permitted under the agreement or shall cancel the                           
agreement if violations are substantial or environmental or                    
other considerations warrant the cancellation."                                
                                                                               
	Reletter the following subsections accordingly.                               
                                                                               
Senator Little moved for the adoption of Amendment No. 2.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                

1994-04-06                     Senate Journal                      Page 3479
SB 310                                                                      
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                               
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Amendment No. 3 was not offered.                                               
                                                                               
Senator Little offered Amendment No. 4:                                        
                                                                               
	Page 8, lines 8 - 15:                                                         
	                                                                              
		Delete all material.                                                         
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Senator Little moved for the adoption of Amendment No. 4.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 4 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 5:                                        
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3480
SB 310                                                                       
	Page 5, line 13:                                                              
                                                                               
		Delete "regarding compensation from the proposer"                            
		Insert "requiring the proposer to compensate the state                       
		for full costs incurred"                                                     
                                                                               
Senator Duncan moved for the adoption of Amendment No. 5.                      
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 5 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp, Taylor                                                    
                                                                               
and so, Amendment No. 5 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 6:                                        
                                                                               
	Page 5, lines 15 - 16:                                                        
                                                                               
		Delete all material and insert:                                              
	"(D) provisions requiring the                                              
proposer to pay the state's cost of                                            
administering, monitoring, and enforcing the                                   
terms and conditions of the agreement and                                      
other requirements of state law;"                                              
                                                                               
Senator Duncan moved for the adoption of Amendment No. 6.                      
Senator Miller objected.                                                       
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3481
SB 310                                                                       
The question being: "Shall Amendment No. 6 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 7:                                        
                                                                               
	Page 5, line 17:                                                              
                                                                               
		Delete "regarding responsibilities for"                                      
		Insert "making the proposer responsible for all costs                        
	of"                                                                           
                                                                               
	Page 5, line 22, following "agreement;"                                       
                                                                               
	Insert "provisions under this paragraph must provide                         
that the proposer shall pay fair market value for all material                 
purchased from the state;"                                                     
                                                                               
Senator Duncan moved for the adoption of Amendment No. 7.                      
Senator Frank objected.                                                        
                                                                               
The question being: "Shall Amendment No. 7 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3482
SB 310                                                                       
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 7 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 8:                                        
                                                                               
	Page 6, line 2, following "agreement":                                        
                                                                               
	Insert ", including provisions for fines and penalties                       
for violations of the agreement by the proposer"                               
                                                                               
Senator Duncan moved for the adoption of Amendment No. 8.                      
Senator Frank objected.                                                        
                                                                               
The question being: "Shall Amendment No. 8 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 8 failed.                                                
                                                                               
Senator Lincoln offered Amendment No. 9:                                       
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3483
SB 310                                                                       
	Page 4, line 4:                                                               
                                                                               
		Delete "and"                                                                 
                                                                               
	Page 4, line 5: after "management"                                            
		Insert "and                                                                  
		(H) adjacent landowners;"                                                    
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 9.                     
Senator Frank objected.                                                        
                                                                               
The question being: "Shall Amendment No. 9 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 9 failed.                                                
                                                                               
Senator Zharoff offered Amendment No. 10:                                      
                                                                               
	Page 2, line 20:                                                              
                                                                               
		Delete "1,000,000"                                                       
		Insert  " 500,000"                                                       
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 10.                    
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 10 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3484
SB 310                                                                       
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 10 failed.                                               
                                                                               
Senator Zharoff offered Amendment No. 11:                                      
                                                                               
	Page 6, line 4, following "years":                                            
                                                                               
		Insert ", including provisions to adjust harvest plans                       
	under the agreement due to information received from the                      
	inventory"                                                                    
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 11.                    
Senator Miller objected.                                                       
                                                                               
The question being: "Shall Amendment No. 11 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 11                                                               
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
Duncan changed from "Nay" to "Yea".                                            
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3485
SB 310                                                                       
and so, Amendment No. 11 failed.                                               
                                                                               
Senator Lincoln offered Amendment No. 12:                                      
                                                                               
	Page 8, line 7:                                                               
                                                                               
		Delete "allowance"                                                           
		Insert "protection"                                                          
                                                                               
		Delete "made for"                                                            
		Insert "given to"				                                                        
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 12.                    
Senator Sharp objected.                                                        
                                                                               
The question being: "Shall Amendment No. 12 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln,                 
Little, Salo, Zharoff                                                          
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
and so, Amendment No. 12 failed.                                               
                                                                               
Senator Zharoff offered Amendment No. 13:                                      
                                                                               
	Page 5, lines 15 - 16:                                                        
                                                                               
		Delete all material.                                                         
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3486
SB 310                                                                       
		Insert "(D) provisions requiring the proposer                                
to pay any additional state's cost of administering,                          
monitoring, and enforcing the terms and conditions                             
of the agreement and other requirements of state                               
law;"                                                                          
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 13.                    
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 13 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 13                                                               
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 13 failed.                                               
                                                                               
Senator Adams offered Amendment No. 14:                                        
                                                                               
	Page 2, line 29:  after "yield."                                              
                                                                               
	Insert "A forest management agreement under this                              
section may not provide for the harvesting of more                            
than 20 million board feet per forest management                               
agreement."                                                                    
                                                                               
Senator Adams moved for the adoption of Amendment No. 14.                      
Senator Frank objected.                                                        
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3487
SB 310                                                                       
The question being: "Shall Amendment No. 14 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff          
                                                                               
Nays:  Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce,            
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Kerttula changed from "Nay" to "Yea".                                          
                                                                               
and so, Amendment No. 14 failed.                                               
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 310(RES) be considered engrossed, advanced to                  
third reading and placed on final passage.                                     
                                                                               
Senator Adams objected.                                                        
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 310(RES)                    
be advanced to third reading?"  The roll was taken with the                    
following result:                                                              
                                                                               
CSSB 310(RES)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.