Legislature(1995 - 1996)

1996-02-07 House Journal

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1996-02-07                     House Journal                      Page 2650
HB 212                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 212                                                            
An Act relating to the management and sale of state timber and                
relating to the administration of forest land and classification of            
state land.                                                                    
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT 1DP 4NR 1AM                                               844         
	2 FISCAL NOTES (DEC, F&G)                                         845         
	ZERO FISCAL NOTE (DNR)                                            845         
	RES RPT  CS(RES) 6DP  3AM                                        2518         
	FISCAL NOTE (F&G)                                                2519         

1996-02-07                     House Journal                      Page 2651
HB 212                                                                       
	2 ZERO FISCAL NOTES (DNR, DEC)                                   2519         
	FIN RPT  CS(FIN) 6DP 2AM                                         2598         
	FISCAL NOTE (F&G)                                                2598         
	ZERO FISCAL NOTE (DEC)                                           2598         
	ZERO FISCAL NOTE (DNR) 1/24/96                                   2598         
                                                                               
The Rules Committee submitted the following fiscal note:                       
                                                                               
Fiscal note, Dept. of Natural Resources, 2/7/96                                
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 212(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 3, line 20:                                                               
Delete Sales of 160 acres or less                                         
Insert Sales under 500,000 board feet                                     
                                                                               
Page 3, line 22, following section.:                                           
Insert The Department shall advertise these sales in acreage.             
                                                                               
Representative Davies moved and asked unanimous consent                        
Amendment No. 1 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  23   EXCUSED:  5   ABSENT:  3                              
                                                                               

1996-02-07                     House Journal                      Page 2652
HB 212                                                                       
Yeas:  Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina,          
Navarre, Willis                                                                
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell,             
Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams               
                                                                               
Excused:  Barnes, B.Davis, Long, Porter, Robinson                              
                                                                               
Absent:  Mackie, Masek, Nicholia                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was offered  by Representative Davies:                          
                                                                               
Page 3, following line 19 through line 22:                                     
Delete all material.                                                          
Insert (c) The requirements of this section do not apply to                 
sales of less than 160 acres provided the total of sales each                  
year under this paragraph in each region established by the                    
commissioner under AS 41.17.080(c) does not exceed 10                          
percent of the timber sold in the region. ªTHE DEPARTMENT                    
MAY ADOPT REGULATIONS EXEMPTING SMALL AND                                      
EMERGENCY SALES FROM THE REQUIREMENT OF THIS                                   
SECTION.ß                                                                      
                                                                               
Representative Davies moved and asked unanimous consent                        
Amendment No. 2 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  Shall Amendment No. 2 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  10   NAYS:  24   EXCUSED:  5   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina,          
Navarre, Nicholia, Willis                                                      

1996-02-07                     House Journal                      Page 2653
HB 212                                                                       
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey,               
Williams                                                                       
                                                                               
Excused:  Barnes, B.Davis, Long, Porter, Robinson                              
                                                                               
Absent:  Mackie                                                                
                                                                               
And so, Amendment No. 2 was not adopted.                                       
HB 212                                                                       
Amendment No. 3 was offered  by Representative Davies:                          
                                                                               
Page 4, line 13:                                                               
Delete management                                                         
                                                                               
Representative Davies moved and asked unanimous consent                        
Amendment No. 3 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  Shall Amendment No. 3 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
                                                                               
YEAS:  8   NAYS:  23   EXCUSED:  6   ABSENT:  3                              

1996-02-07                     House Journal                      Page 2654
HB 212                                                                       
Yeas:  Brown, Davies, Elton, Finkelstein, Kubina, Navarre, Nicholia,           
Willis                                                                         
                                                                               
Nays:  Austerman, Brice, Bunde, G.Davis, Grussendorf, Hanley, James,           
Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell,             
Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams               
                                                                               
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
Absent:  Foster, Green, Ivan                                                   
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Brice:                           
                                                                               
Page 1, line 6:                                                                
	Delete "10"                                                               
	Insert "20"                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  Shall Amendment No. 4 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
                                                                               
YEAS:  6   NAYS:  24   EXCUSED:  6   ABSENT:  4                              
                                                                               
Yeas:  Brice, Hanley, Kelly, Mulder, Therriault, Vezey                         
                                                                               
Nays:  Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein,           
Grussendorf, James, Kohring, Kott, Kubina, Martin, Masek, Moses,               
Navarre, Ogan, Parnell, Phillips, Rokeberg, Sanders, Toohey, Williams,         
Willis                                                                         
                                                                               

1996-02-07                     House Journal                      Page 2655
HB 212                                                                       
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
Absent:  Foster, Green, Ivan, Nicholia                                         
                                                                               
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
Amendment No. 5 was offered  by Representative Brice:                           
                                                                               
Page 3, line 20:                                                               
	Delete "160"                                                              
	Insert "240"                                                              
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 5 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  Shall Amendment No. 5 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  5   NAYS:  26   EXCUSED:  6   ABSENT:  3                              
                                                                               
Yeas:  Brice, Foster, Mulder, Sanders, Vezey                                   
                                                                               
Nays:  Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein,           
Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Masek,               
Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg,                   
Therriault, Toohey, Williams, Willis                                           
                                                                               
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
Absent:  Green, Ivan, Martin                                                   
                                                                               
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
Amendment No. 6 was offered  by Representative Brice:                           

1996-02-07                     House Journal                      Page 2656
HB 212                                                                       
Page 1, line 14, through page 2, line 1:                                       
Delete ", describing the immediate and long-term effects of               
individual and collective forest activities on the timber base and             
on other resources and uses"                                                   
Insert "ªDESCRIBING THE IMMEDIATE AND LONG-TERM                               
EFFECTS OF INDIVIDUAL AND COLLECTIVE FOREST                                    
ACTIVITIES ON THE TIMBER BASE AND ON OTHER                                     
RESOURCES AND USESß"                                                           
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 6 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  Shall Amendment No. 6 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  5   NAYS:  28   EXCUSED:  6   ABSENT:  1                              
                                                                               
Yeas:  Brice, Kelly, Mulder, Therriault, Vezey                                 
                                                                               
Nays:  Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein,           
Foster, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina,               
Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips,              
Rokeberg, Sanders, Toohey, Williams, Willis                                    
                                                                               
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
Absent:  Green                                                                 
                                                                               
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
Amendment No. 7 was offered  by Representative Brice:                           
                                                                               
Page 4, lines 17 - 21:                                                         
	Delete all material.                                                          
                                                                               

1996-02-07                     House Journal                      Page 2657
HB 212                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
Page 5, following line 5:                                                      
	Insert a new bill section to read:                                            
"* Sec. 9.  AS 41.17.220 is amended by adding new subsections               
to read:                                                                       
	(b)  In managing a state forest, the commissioner shall                      
		(1)  allow for the fullest possible access to, and use of,                  
natural resources, including timber, game, fish, and minerals;                 
		(2)  maintain forest growth at a high level of productivity;                
and                                                                            
		(3)  restrict public use of the land and its resources only                 
when necessary to carry out the purposes of this chapter.                      
	(c)  In a state forest, the commercial harvest of timber may not             
be found to be an incompatible use or otherwise restricted unless              
the commissioner documents the finding with scientific data that               
clearly justifies the finding or clearly demonstrates the benefit of           
the restriction."                                                              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 7 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  Shall Amendment No. 7 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  6   NAYS:  27   EXCUSED:  6   ABSENT:  1                              
                                                                               
Yeas:  Brice, Kott, Kubina, Mulder, Therriault, Vezey                          
                                                                               
Nays:  Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein,           
Foster, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Martin,              
Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg,            
Sanders, Toohey, Williams, Willis                                              
                                                                               

1996-02-07                     House Journal                      Page 2658
HB 212                                                                       
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
Absent:  Green                                                                 
                                                                               
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
Amendment No. 8 was offered  by Representative Brice:                           
                                                                               
Page 4, line 13:                                                               
Delete provides for                                                       
Insert secures                                                            
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 8 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
                                                                               
The question being:  Shall Amendment No. 8 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  3   NAYS:  31   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Brice, Mulder, Vezey                                                    
                                                                               
Nays:  Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein,           
Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott,         
Kubina, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell,                
Phillips, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis              
                                                                               
                                                                               
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               

1996-02-07                     House Journal                      Page 2659
HB 212                                                                       
Amendment No. 9 was offered  by Representative Davies:                          
                                                                               
Page 5, following line 19, through line 24:                                    
Delete all material.                                                          
                                                                               
Page 5, line 25:                                                               
Delete *Sec. 12.                                                            
Insert *Sec. 11.                                                            
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 9 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
                                                                               
The question being:  Shall Amendment No. 9 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  7   NAYS:  27   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davies, Elton, Finkelstein, Grussendorf, Navarre, Willis         
                                                                               
Nays:  Austerman, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan,          
James, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder,             
Nicholia, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault,              
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
                                                                               
And so, Amendment No. 9 was not adopted.                                       
                                                                               
Amendment No. 10 was offered  by Representative Finkelstein:                    
                                                                               
Page 4, following line 8, through line 16:                                     
Delete all material.                                                          
                                                                               
                                                                               

1996-02-07                     House Journal                      Page 2660
HB 212                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 10 be adopted.                                                   
                                                                               
Representative James objected.                                                 
                                                                               
The question being:  Shall Amendment No. 10 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 212(FIN)                                                                  
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  10   NAYS:  24   EXCUSED:  6   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina,          
Navarre, Nicholia, Willis                                                      
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey,               
Williams                                                                       
                                                                               
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
                                                                               
And so, Amendment No. 10 was not adopted.                                      
                                                                               
The Speaker stated that CSHB 212(FIN) will be in third reading on the          
February 9, 1996, calendar.