Legislature(1995 - 1996)

1995-02-10 House Journal

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1995-02-10                     House Journal                      Page 0304
HB 121                                                                       
                                                                               
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 121                                                            
"An Act relating to the timber resources within the state."                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  6DP                                                      251         
	ZERO FISCAL NOTE (DNR)  2/6/95                                    251         
                                                                               
Representative Davies moved and asked unanimous consent that HB
121 be returned to the Resources Committee.                                    
                                                                               
Representative Williams objected.                                              
                                                                               
Representative Vezey rose to a point of order stating that the                 
committee process was not debatable.                                           
                                                                               
The Speaker cautioned the member to confine his comments to the                
motion.                                                                        
                                                                               
Representative Barnes rose to a point of order citing Section 101 of           
Mason's Manual.                                                                
                                                                               
The Speaker cautioned the member.                                              
                                                                               
The question being:  "Shall HB 121 be returned to the Resources                
Committee?"  The roll was taken with the following result:                     

1995-02-10                     House Journal                      Page 0305
HB 121                                                                       
                                                                               
HB 121                                                                         
Second Reading                                                                 
Return to Resources Committee                                                  
                                                                               
YEAS:  8   NAYS:  26   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Robinson,           
Willis                                                                         
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Green, Grussendorf,                  
Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses,             
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               
And so, the motion failed.                                                     
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 1, line 7:                                                                
                                                                               
	Delete	"of"                                                                   
	Insert "the stand is currently, or has been, infested or infected             
with"                                                                          
                                                                               
	After "epidemics or"                                                          
	Insert "as a result of a"                                                     
                                                                               
Page 2, line 5:                                                                
                                                                               
	Delete "due to insects,"                                                  
	Insert "because the timber is currently, or has been, infested or           
infected with insects or"                                                    
                                                                               
	After "disease, or"                                                       
	Insert "as a result of a"                                                 
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    

1995-02-10                     House Journal                      Page 0306
HB 121                                                                       
Representative Williams objected.                                              
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  7   NAYS:  27   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davies, Elton, Finkelstein, Kubina, Robinson, Willis             
                                                                               
Nays:  Austerman, Barnes, Bunde, B.Davis, G.Davis, Green,                      
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin,              
Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg,               
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was offered  by Representative Davies:                          
                                                                               
Page 1, following line 11:                                                     
                                                                               
	Insert a new subsection to read:                                              
                                                                               
	"(c)  Salvage sales offered under this section of timber stands              
that will lose substantial economic value because of insect or                 
disease epidemics or fire must be reforested in the manner and to              
the same extent as timber harvested generally from forest land                 
under regulations adopted under AS41.17."                                      
                                                                               
Page 2, following line 6:                                                      
                                                                               
	Insert a new bill section to read:                                            
                                                                               
   "* Sec. 3.  AS38.05.118 is amended by adding a new subsection to          
read:                                                                          
                                                                               

1995-02-10                     House Journal                      Page 0307
HB 121                                                                       
	(d)  Negotiated sales of timber that will lose substantial                   
economic value due to insects, disease, or fire shall be reforested            
in the manner and to the same extent as timber harvested generally             
from forest land under regulations adopted under AS41.17."                     
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Williams objected.                                              
                                                                               
The Speaker invoked Section 102 of Mason's Manual.                             
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  6   NAYS:  27   EXCUSED:  6   ABSENT:  1                              
                                                                               
Yeas:  Brown, Davies, Elton, Finkelstein, Robinson, Willis                     
                                                                               
Nays:  Austerman, Barnes, Bunde, B.Davis, G.Davis, Green,                      
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin,              
Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg,               
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               
Absent:  Kubina                                                                
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Davies:                          
                                                                               
Page 1, following line 11:                                                     
                                                                               
	Insert a new subsection to read:                                              
                                                                               

1995-02-10                     House Journal                      Page 0308
HB 121                                                                       
	"(c)  Salvage sales offered under this section of timber stands              
that will lose substantial economic value because of insect or                 
disease epidemics or fire may be reforested in the manner and to               
the same extent as timber harvested generally from forest land                 
under regulations adopted under AS41.17."                                      
                                                                               
Page 2, following line 6:                                                      
                                                                               
	Insert a new bill section to read:                                            
                                                                               
   "* Sec. 3.  AS38.05.118 is amended by adding a new subsection to          
read:                                                                          
                                                                               
	(d)  Negotiated sales of timber that will lose substantial                   
economic value due to insects, disease, or fire may be reforested              
in the manner and to the same extent as timber harvested generally             
from forest land under regulations adopted under AS41.17."                     
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Williams objected.                                              
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  7   NAYS:  26   EXCUSED:  6   ABSENT:  1                              
                                                                               
Yeas:  Brown, Davies, B.Davis, Elton, Finkelstein, Robinson, Willis            
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Green, Grussendorf,                  
Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses,             
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               

1995-02-10                     House Journal                      Page 0309
HB 121                                                                       
Absent:  Kubina                                                                
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
Amendment No. 4 was offered  by Representative Davies:                          
                                                                               
Page 1, following line 11:                                                     
                                                                               
	Insert a new subsection to read:                                              
                                                                               
	"(c)  Timber stands that lose substantial economic value due                 
to arson may not be offered for sale under this section."                      
                                                                               
Page 2, line 5, following "fire,"                                          
                                                                               
	Insert "other than arson fires,"                                          
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Williams objected.                                              
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  5   NAYS:  29   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davies, Elton, Finkelstein, Willis                               
                                                                               
Nays:  Austerman, Barnes, Bunde, B.Davis, G.Davis, Green,                      
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie,              
Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter,                 
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams               
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               
And so, Amendment No. 4 was not adopted.                                       

1995-02-10                     House Journal                      Page 0310
HB 121                                                                       
Amendment No. 5 was offered  by Representative Davies:                          
                                                                               
Page 1, line 15 through page 2, line 1:                                        
                                                                               
Delete ", or will exist within two years"                             
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Williams objected.                                              
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  3   NAYS:  29   EXCUSED:  6   ABSENT:  2                              
                                                                               
Yeas:  Brown, Davies, Finkelstein                                              
                                                                               
Nays:  Austerman, Bunde, B.Davis, G.Davis, Elton, Green,                       
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie,              
Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Robinson,              
Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis                 
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               
Absent:  Barnes, Moses                                                         
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
Amendment No. 6 was offered  by Representative Davies:                          
                                                                               
Page 1, line 5, after "finding":                                               
                                                                               
	Insert "consistent with AS 38.04.015"                                         
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 6 be adopted.                                                    

1995-02-10                     House Journal                      Page 0311
HB 121                                                                       
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  7   NAYS:  24   EXCUSED:  6   ABSENT:  3                              
                                                                               
Yeas:  Brown, Davies, Elton, Finkelstein, Kubina, Robinson, Willis             
                                                                               
Nays:  Austerman, Barnes, Bunde, B.Davis, G.Davis, Green, Hanley,              
Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Mulder, Ogan,              
Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams        
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               
Absent:  Grussendorf, Moses, Rokeberg                                          
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered  by Representative Davies:                          
                                                                               
Page 1, line 5, after "finding":                                               
                                                                               
	Insert "based on the principles of multiple use and sustained yield"          
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 7 be adopted.                                                    
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 7 be adopted?"  The roll             
was taken with the following result:                                           

1995-02-10                     House Journal                      Page 0312
HB 121                                                                       
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  8   NAYS:  23   EXCUSED:  6   ABSENT:  3                              
                                                                               
Yeas:  Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Robinson,           
Willis                                                                         
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Mackie, Martin, Masek, Mulder, Ogan, Parnell,           
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               
Absent:  Grussendorf, Moses, Rokeberg                                          
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered  by Representative Finkelstein:                     
                                                                               
Page 2, following line 6:                                                      
                                                                               
	Insert a new bill section to read:                                            
                                                                               
	"* Sec. 3. AS 38.05.118 is amended by adding a new subsection               
to read:                                                                       
                                                                               
	(d) Notwithstanding (a) of this section, the period of a contract            
negotiated under this section for a sale of timber that will lose              
substantial economic value due to insects, disease, or fire, or                
timber to be cleared for the conversion of land to nonforest uses              
may not exceed five years."                                                    
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 8 be adopted.                                                    
                                                                               
Representative Ogan objected.                                                  
                                                                               

1995-02-10                     House Journal                      Page 0313
HB 121                                                                       
The question being:  "Shall Amendment No. 8 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  7   NAYS:  27   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Robinson            
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Green, Grussendorf,                  
Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses,             
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams, Willis                                                
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Navarre, Nicholia                      
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 9 was offered  by Representative Finkelstein:                     
                                                                               
Page 1, line 10 through page 1, line 11:                                       
                                                                               
	Delete all material                                                           
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 9 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
**The presence of Representative Navarre was noted.                            
                                                                               
Representative Finkelstein moved and asked unanimous consent to                
withdraw Amendment No. 9.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
Amendment No. 10 was offered  by Representative Finkelstein:                    
                                                                               

1995-02-10                     House Journal                      Page 0314
HB 121                                                                       
Page 1, line 5, after "after":                                                 
                                                                               
	Insert "holding a public hearing and"                                         
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 10 be adopted.                                                   
                                                                               
Representative Williams objected.                                              
                                                                               
The question being:  "Shall Amendment No. 10 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
HB 121                                                                         
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  10   NAYS:  24   EXCUSED:  5   ABSENT:  1                             
                                                                               
Yeas:  Brown, Davies, B.Davis, Elton, Finkelstein, Ivan, Kubina,               
Navarre, Robinson, Willis                                                      
                                                                               
Nays:  Austerman, Bunde, G.Davis, Green, Grussendorf, Hanley,                  
James, Kelly, Kohring, Mackie, Martin, Masek, Moses, Mulder, Ogan,             
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Excused:  Brice, Foster, Kott, MacLean, Nicholia                               
                                                                               
Absent:  Barnes                                                                
                                                                               
And so, Amendment No. 10 was not adopted.                                      
                                                                               
The Speaker stated that HB 121 will be in third reading on the                 
February 13, 1995, calendar.