Legislature(1995 - 1996)
1996-04-15 House Journal
Full Journal pdf1996-04-15 House Journal Page 3768 SJR 40 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 40(JUD) Relating to extension of the United States Forest Service timber sale contract with the Ketchikan Pulp Company. with the: Journal Page RES REFERRAL WAIVED 3717 Amendment No. 1 was offered by Representatives Mackie, Williams and Grussendorf: Page 2, lines 30 - 31: Delete "the 420,000,000 board feet promised by the TTRA must be made available in order to provide" 1996-04-15 House Journal Page 3769 SJR 40 Page 2, line 31, after "timber": Insert "must be made available" Page 3, line 1, after "provide": Insert "100,000,000 board feet" Page 3, after line 10: Insert "FURTHER RESOLVED that the Tongass National Forest should be managed for a healthy and diversified economy for the benefit of all users, including value-added forest products, commercial and sport fishing, seafood processing, tourism, subsistence, sport hunting, and local businesses that provide goods and services; and be it" Page 3, line 13: Delete "a minimum of 420,000,000 board feet per year is" Insert "sufficient timber be" Page 3, line 14, after "Plan": Insert "to maintain the Ketchikan Pulp Company contract, to provide 100,000,000 board feet for small business contracts, and to reopen the Wrangell facility and a by-product facility in Sitka" Representative Mackie moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Navarre and Williams: Page 2, line 29, following amortization: Insert and to provide opportunities for value-added alternatives that maximize the number of jobs and assures environmentally sound operations Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. 1996-04-15 House Journal Page 3770 SJR 40 Amendment No. 3 was offered by Representative Finkelstein: Page 2, lines 17 and 18: Delete by the failure of the United States Forest Service to meet its volume requirements under KPC's contract and the TTRA, Representative Finkelstein 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: CSSJR 40(JUD) am H Second Reading Amendment No. 3 YEAS: 8 NAYS: 23 EXCUSED: 1 ABSENT: 8 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Navarre, Nicholia, Robinson Nays: Austerman, Barnes, G.Davis, Foster, Green, Grussendorf, Ivan, Kelly, Kohring, Long, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: Bunde, Hanley, James, Kott, Kubina, Moses, Porter, Sanders And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 2, after line 27: Insert WHEREAS as a matter of economic common sense the federal and state governments have a policy of supporting free enterprise and avoiding monopolies; and Page 3, lines 3-10: Delete all material 1996-04-15 House Journal Page 3771 SJR 40 Insert BE IT RESOLVED that the Alaska Legislature urges the Alaska Congressional Delegation, the Governor, and the United States Forest Service to take action to put out to bid additional acreage for timber harvest in the Tongass National Forest; and be it FURTHER RESOLVED that KPC should be allowed to bid on such competitive contracts. Representative Finkelstein 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: CSSJR 40(JUD) am H Second Reading Amendment No. 4 YEAS: 7 NAYS: 25 EXCUSED: 1 ABSENT: 7 Yeas: Brown, Davies, Elton, Finkelstein, Masek, Nicholia, Robinson Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Long, Mackie, Martin, Moses, Mulder, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: James, Kott, Kubina, Navarre, Ogan, Porter, Sanders And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Finkelstein: Page 2, lines 28-29: Delete all material Representative Finkelstein moved and asked unanimous consent that Amendment No. 5 be adopted. 1996-04-15 House Journal Page 3772 SJR 40 Representative Williams objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 5 YEAS: 9 NAYS: 26 EXCUSED: 1 ABSENT: 4 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Navarre, Nicholia, Robinson Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: James, Ogan, Porter, Sanders And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Finkelstein: Page 2, following line 22: Insert WHEREAS over the past 20 years KPC has repeatedly violated environmental laws such as the Toxic Substances Control Act, the Resource Recovery and Conservation Act, the Clean Air Act, the Clean Water Act, and state pollution control laws designed to protect public health; and WHEREAS KPC's actions have resulted in 445 violations, including convictions on one felony for intentionally violating the Clean Water Act and thirteen misdemeanor counts for illegal discharge of pollutants; and WHEREAS these violations have led to KPC's ranking as the leading source of water pollution in Alaska, Oregon, Washington, and Idaho; and 1996-04-15 House Journal Page 3773 SJR 40 WHEREAS KPC has engaged in harassment of whistle blowers who revealed their falsification of environmental test results; and Representative Finkelstein moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Mackie objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 6 YEAS: 5 NAYS: 31 EXCUSED: 1 ABSENT: 3 Yeas: Brown, Davies, Elton, Finkelstein, Robinson Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: Martin, Nicholia, Sanders And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Finkelstein: Page 2, line 28: Delete 15 Insert 10 Page 3, line 5: Delete 15 Insert 10 1996-04-15 House Journal Page 3774 SJR 40 Page 3, line 5, following years: Insert if KPC commits to converting its processing to be chlorine free and meet other environmental standards Representative Finkelstein 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: CSSJR 40(JUD) am H Second Reading Amendment No. 7 YEAS: 10 NAYS: 24 EXCUSED: 1 ABSENT: 5 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Masek, Navarre, Nicholia, Robinson, Therriault Nays: Austerman, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Vezey, Williams, Willis Excused: Brice Absent: Barnes, Bunde, Kubina, Sanders, Toohey And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Finkelstein: Page 2, following line 27: Insert WHEREAS selling timber at current fair market prices will maximize return to the federal government and local Alaskan governments; and Page 3, line 5, following years: Insert , require that any contract extension include timber prices that reflect current fair market value, 1996-04-15 House Journal Page 3775 SJR 40 Representative Finkelstein moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Williams objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 8 YEAS: 10 NAYS: 24 EXCUSED: 1 ABSENT: 5 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Masek, Navarre, Nicholia, Robinson, Willis Nays: Austerman, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Vezey, Williams Excused: Brice Absent: Barnes, Bunde, Kubina, Sanders, Toohey And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Finkelstein: Page 2, lines 28 and 29: Delete all material. Insert WHEREAS KPC has a past history of engaging in monopolistic practices, and has been found guilty of anti-trust violations, including price fixing, collusive bidding, and forcing dozens of independent timber companies out of business; and Representative Finkelstein moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard. 1996-04-15 House Journal Page 3776 SJR 40 The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 9 YEAS: 5 NAYS: 28 EXCUSED: 1 ABSENT: 6 Yeas: Brown, Davies, B.Davis, Finkelstein, Robinson Nays: Austerman, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Rokeberg, Therriault, Vezey, Williams, Willis Excused: Brice Absent: Barnes, Bunde, Kubina, Ogan, Sanders, Toohey Kelly changed from "Yea" to "Nay". Nicholia changed from "Yea" to "Nay". And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Finkelstein: Page 2, lines 28-29: Delete all material Insert WHEREAS for over twenty years KPC has a pattern of threatening layoffs and shutdowns at the same time it seeks concessions from the government and KPC employees; and Representative Finkelstein moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: 1996-04-15 House Journal Page 3777 SJR 40 CSSJR 40(JUD) am H Second Reading Amendment No. 10 YEAS: 7 NAYS: 27 EXCUSED: 1 ABSENT: 5 Yeas: Brown, Davies, Finkelstein, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Parnell, Phillips, Porter, Rokeberg, Therriault, Vezey, Williams Excused: Brice Absent: Bunde, Kubina, Ogan, Sanders, Toohey And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Finkelstein: Page 2, lines 13-15: Delete all material Representative Finkelstein moved and asked unanimous consent that Amendment No. 11 be adopted. Objection was heard. The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 11 YEAS: 9 NAYS: 28 EXCUSED: 1 ABSENT: 2 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Navarre, Nicholia, Robinson 1996-04-15 House Journal Page 3778 SJR 40 Nays: Austerman, Barnes, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: Bunde, Sanders And so, Amendment No. 11 was not adopted. Representative Vezey moved and asked unanimous consent that CSSJR40(JUD) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that CSSJR 40(JUD) am H will be in third reading on the April 16, 1996, calendar.