Legislature(1995 - 1996)
1995-02-10 House Journal
Full Journal pdf1995-02-10 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.