Legislature(2001 - 2002)

2001-03-14 House Journal

Full Journal pdf

2001-03-14                     House Journal                      Page 0583
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                  Wednesday                 March 14, 2001                          
                                                                                                    
                              Sixty-sixth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 11:28 a.m.                                                                                
                                                                                                    
Roll call showed 38 members present.  Representative Masek had                                      
been previously excused from a call of the House today.                                             
Representative Ogan was excused from a call of the House today due                                  
to illness.                                                                                         
                                                                                                    
The invocation was offered by the Chaplain Designee, Representative                                 
Hudson.  Representative Green moved and asked unanimous consent                                     
that the invocation be spread on the journal.  There being no objection,                            
it appears below:                                                                                   
                                                                                                    
     Shall we pray,                                                                                 
                                                                                                    
     Almighty God, we want to thank You for giving us this                                          
     beautiful, beautiful country, the sunshine, trees, and                                         
     wonderful water teeming with fish.  How lucky we are, dear                                     
     Lord.  Lord, thank You for making us feel the love for our                                     
     children, the compassion for those who suffer, people who are                                  
     lonely, for the elderly that need our help and support. As we,                                 
     who have been chosen to represent our neighbors, ponder the                                    
     weighty issues like distributing the common wealth and                                         
     caring for the least of our brothers and sisters, Lord, we need                                
     You to give us strength of conviction.  Paint everything we do                                 
     with love for those we serve and, Lord, make us humble and                                     
     help us this day, and for the future, to be better servants.                                   
     Amen.                                                                                          
                                                                                                    
The Pledge of Allegiance was led by Representative Croft.                                           
                                                                                                    

2001-03-14                     House Journal                      Page 0584
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 65th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
SJR 8                                                                                             
A message dated March 13, 2001, was read stating the Senate has                                     
concurred in the House amendment to CSSJR 8(STA), thus adopting:                                    
                                                                                                    
     HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                                                
     8(MLV) am H                                                                                    
     Relating to supporting polling places at military installations.                              
                                                                                                    
                                                                                                    
A message dated March 13, 2001, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                              OF SENATE BILLS                                                    
SB 81                                                                                             
SENATE BILL NO. 81 by Senator Therriault, entitled:                                                 
                                                                                                    
     "An Act relating to the nonademption of property transfers; and                                
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Linda Schandelmeier                                                                      
By Representatives Whitaker, Davies                                                                 
                                                                                                    

2001-03-14                     House Journal                      Page 0585
Honoring - Kodiak Special Olympics Unified Floor Hockey Team                                        
By Representative Stevens; Senator Austerman                                                        
                                                                                                    
Honoring - Mary Calhoun, Alaska City Clerk of the Year                                              
By Senator Torgerson                                                                                
                                                                                                    
In Memoriam - Christopher D. Kobierowski                                                            
By Representative Harris; Senator Lincoln                                                           
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - Consul General Yoshinori Tsujimoto                                                       
By Senator Cowdery                                                                                  
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 120                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 120 by                                                        
Representatives Coghill and McGuire, entitled:                                                      
                                                                                                    
     "An Act adopting the National Crime Prevention and Privacy                                     
     Compact; making criminal justice information available to                                      
     interested persons and criminal history record information                                     
     available to the public; making certain conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 181                                                                                            
HOUSE BILL NO. 181 by Representative Murkowski, entitled:                                           
                                                                                                    
     "An Act relating to the obligations of spouses, to insurance                                   
     policies of spouses, to the nonprobate transfer of property on death                           
     to a community property trust, to the division of the community                                
     property of spouses at death, and to the Alaska Community                                      
     Property Act; and providing for an effective date."                                            
                                                                                                    

2001-03-14                     House Journal                      Page 0586
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 182                                                                                            
HOUSE BILL NO. 182 by Representative Murkowski, entitled:                                           
                                                                                                    
     "An Act relating to motor vehicles; and providing for an effective                             
     date."                                                                                         
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
HB 183                                                                                            
HOUSE BILL NO. 183 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act establishing the Alaska Commercial Passenger Vessel                                    
     Coastal Protection Program for certain vessels with overnight                                  
     accommodations for 50 or more passengers, including a permit                                   
     and fees for such vessels operating in waters of this state,                                   
     oversight of the program by the Department of Environmental                                    
     Conservation, civil and criminal liability for violations of the                               
     program, and recognition of superior environmental performance                                 
     by vessels subject to the program; creating a commercial                                       
     passenger vessel coastal protection fund; and providing for an                                 
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Transportation, Resources,                              
Judiciary, and Finance Committees.                                                                  
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Environmental Conservation                                                     
2.  Fiscal, Dept. of Law                                                                            
3.  Fiscal, Dept. of Transportation & Public Facilities                                             
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated March 9, 2001, appears below:                               
                                                                                                    

2001-03-14                     House Journal                      Page 0587
"Dear Speaker Porter:                                                                               
                                                                                                    
This bill I transmit today creates a comprehensive program to protect                               
Alaska's pristine coastal environment from pollution emanating from                                 
passenger ships that ply our waters.                                                                
                                                                                                    
In the last ten years, the number of visitors traveling in Alaska on                                
cruise ships increased from less than 200,000 to more than 640,000                                  
and the forecast is for continued growth.  Before the late 1990's most                              
cruise ships carried fewer than 1,500 people.  Newer ships carry up to                              
3,500 passengers and crew and that number will soon reach more than                                 
4,500 on ships now under construction.  The number of cruise ship                                   
passengers and crew on Southeast Alaska waters at any one time can                                  
equal the population of the region's largest city.  Like any city, this                             
concentration of people will generate solid and liquid waste and air                                
emissions.  Alaska has comprehensive laws in place for monitoring                                   
and controlling the discharges from our land-based cities.  We have                                 
reached the point where similar programs must be put in place for the                               
floating cities on our waters.                                                                      
                                                                                                    
This bill creates a comprehensive permitting program for cruise ships                               
covering wastewater, solid waste, and air emissions.  This innovative                               
program is carefully designed to protect our coastal environment while                              
making it as easy as possible for the cruise industry to do business in                             
Alaska.  Each ship would carry a single permit per season covering                                  
water, land, and air.  Cruise ship operators would automatically obtain                             
a permit through a simple notification procedure with the Department                                
of Environmental Conservation (DEC).  With the notification,                                        
operators state their intent to enter Alaska waters, agree to abide by the                          
standard terms of the permit, and state where the owners or their                                   
agents may be found if anything goes wrong.                                                         
                                                                                                    
The exact conditions of the permit would be developed through a                                     
public regulation-making process involving the industry and building                                
upon the extensive work of the Alaska Cruise Ship Initiative, a group                               
composed of federal, state, local, and industry representatives.  The                               
regulations would generally require reports related to the release of                               
pollutants, sampling waste discharges, limitations on the times,                                    
locations and composition of waste discharges, and development of                                   
plans for the safe management of wastes.  The bill specifically                                     

2001-03-14                     House Journal                      Page 0588
provides that reporting, sampling, and limitations, where practicable,                              
be consistent with existing federal law and tailored to different classes                           
of vessels to reduce any unnecessary burden on the permitees.                                       
                                                                                                    
The program minimizes paperwork and includes field verification of                                  
the effectiveness of industry's performance through direct discharge                                
monitoring.  The industry is civilly and criminally liable for any                                  
violations, with consequences consistent with those faced by other                                  
facilities operating in the state.                                                                  
                                                                                                    
Similar to other industries using the state's infrastructure, services, and                         
natural resources, cruise ships must bear the cost of the coastal                                   
protection program that safeguards the pristine and picturesque                                     
environment upon which their business is based.  The bill establishes a                             
fee system based on the amount of business conducted in Alaska                                      
waters, and is limited to recoupment of the costs of carrying out the                               
program.                                                                                            
                                                                                                    
Finally, the bill acknowledges the importance of the voluntary efforts                              
of the cruise industry in going beyond compliance with the letter of the                            
law, through a program to recognize and reward superior                                             
environmental performance.                                                                          
                                                                                                    
This innovative program fairly, efficiently, and comprehensively                                    
addresses the environmental challenges of increasing cruise ship                                    
activity in Alaska.  I urge your prompt consideration and passage of                                
this bill.                                                                                          
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                 Governor"                                                         
                                                                                                    
HB 184                                                                                            
HOUSE BILL NO. 184 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the business of insurance, including changes to                            
     the insurance code to implement federal financial services reforms                             
     for the business of insurance and to authorize the director of                                 

2001-03-14                     House Journal                      Page 0589
     insurance to review criminal backgrounds for individuals applying                              
     to engage in the business of insurance; amending Rule 402,                                     
      Alaska Rules of Evidence; and providing for an effective date."                              
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
The Governor's transmittal letter dated March 9, 2001, appears below:                               
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting this bill to implement needed financial service                                   
reforms in our insurance code in compliance with the federal Gramm-                                 
Leach-Bliley Act (GLBA).  These changes will assist the State in                                    
maintaining its regulatory authority over the business of insurance in                              
Alaska.  The GLBA repealed depression-era restrictions on the                                       
insurance, banking, and securities industries and, more notably,                                    
removed some of the barriers that limited banks from engaging in the                                
business of insurance.                                                                              
                                                                                                    
Under the GLBA, specific standards are established with respect to                                  
consumer privacy, consumer protection, insurance producer licensing,                                
and insurance sales.  It requires states to streamline and coordinate                               
their regulatory systems to make them faster, less burdensome, and                                  
more effective.  This bill reforms our laws to conform to the GLBA                                  
and to continue the process of streamlining and coordinating insurance                              
regulation.                                                                                         
                                                                                                    
Under the bill, the GLBA reforms would focus on three key areas:                                    
     · Establishing reciprocity for licensing nonresident insurance                                 
         producers;                                                                                 
     · Implementing the GLBA consumer privacy standards                                             
         regarding sharing of personal information with affiliates and                              
         nonaffiliates; and                                                                         
     · Implementing GLBA consumer protection measures related to                                    
         the sale of insurance by financial institutions.                                           

2001-03-14                     House Journal                      Page 0590
These reforms are based on models adopted by the National                                           
Association of Insurance Commissioners (NAIC).                                                      
                                                                                                    
A significant portion of the bill would amend AS 21.27, the licensing                               
chapter of the insurance code, to provide for reciprocity in the                                    
licensing of nonresident producers.  In this context, reciprocity means                             
that a nonresident producer would receive a license to transact                                     
insurance in this state to the same extent that the producer is licensed                            
in the producer's home state, without having to satisfy any additional                              
requirements.  Licensing in this state would be accomplished by                                     
submitting an application, providing proof of licensing and good                                    
standing from the home state, and paying the license fees.  Reciprocity                             
also would allow resident producers to obtain licensing in other states                             
without meeting state-specific requirements.  All insurance producers,                              
however, would still be subject to state-specific requirements related                              
to unfair trade practices or consumer protection.  The bill requires use                            
of uniform applications in an electronic format to speed up insurance                               
licensing.                                                                                          
                                                                                                    
The GLBA requires that at least 29 states adopt either reciprocity or                               
uniformity in insurance producer licensing by November 2002, in                                     
order to maintain the authority to license nonresident insurance                                    
producers.  Otherwise, a national organization authorized under the                                 
GLBA would assume that role.  Enacting this bill into law in Alaska                                 
would achieve reciprocity and thereby help ensure the state retains the                             
authority to license nonresident producers.                                                         
                                                                                                    
Another time-sensitive issue under the GLBA relates to consumer                                     
privacy.  The federal law sets a minimum privacy standard that states                               
must adopt and enforce by July 1, 2001, or risk losing the authority to                             
enforce state consumer protection standards with respect to financial                               
institution insurance sales.  This bill expressly requires those regulated                          
under our insurance statutes to comply with the GLBA privacy                                        
standards and authorizes the state director of insurance to adopt                                   
corresponding regulations on consumer privacy.                                                      
                                                                                                    
In addition to the GLBA-related reforms, the bill addresses other                                   
important issues to facilitate state insurance regulation and to conform                            
to federal law.  This includes the ability to obtain national criminal                              
history record checks for persons who want to engage in the business                                

2001-03-14                     House Journal                      Page 0591
of insurance.  It also requires a person with a felony conviction                                   
involving dishonesty or breach of trust to obtain the express written                               
consent of the director of insurance before engaging in the business of                             
insurance.  Without this consent, federal law prohibits such persons                                
from working in the business of insurance.  The amendment under this                                
bill would assist the director of insurance in ensuring that prohibited                             
persons comply with the law.                                                                        
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                 Governor"                                                         
                                                                                                    
HB 185                                                                                            
HOUSE BILL NO. 185 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to fees for certain uses of state water and the                               
     accounting and appropriation of those fees; relating to                                        
     authorizations for the temporary use of state water; making other                              
     amendments to the Alaska Water Use Act; and providing for an                                   
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
The Governor's transmittal letter dated March 9, 2001, appears below:                               
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
This bill I transmit today creates a logical source of funding for                                  
Alaska's water use program, bringing much needed efficiency to the                                  
program for commercial and residential users.  The program has                                      
suffered continued underfunding for several years, causing a serious                                

2001-03-14                     House Journal                      Page 0592
backlog in permits.  This inability to issue permits in a timely manner                             
stalls development and frustrates water users.  This bill also clearly                              
authorizes the Department of Natural Resources (DNR) to allow a                                     
streamlined approval process for temporary water uses as another way                                
to optimize program efficiency.                                                                     
                                                                                                    
Funding for implementation of the Alaska Water Use Act, commonly                                    
known as the water rights program, has seen a more than 50%                                         
reduction in funding over the past 10 years, leading to two- thirds                                 
reduction in staff.  The remaining four staff positions can no longer                               
carry out the requirements of the Act.                                                              
                                                                                                    
This legislation is part of a three-part solution to provide adequate                               
funding and staffing for the water rights program.  First, DNR is                                   
promulgating regulations that make implementation of the program                                    
less costly.  Second, the FY 2002 budget includes a $300,000 budget                                 
increment to fund the program adequately.  This proposed legislation                                
provides the third part of the solution: a water use fee.                                           
                                                                                                    
Under this bill, the natural resources commissioner would establish a                               
sliding fee for water use based on the quantity intended for use.  That                             
money would be separately accounted for within the general fund and                                 
available for appropriation to program operation.                                                   
                                                                                                    
The bill affirms DNR's authority to allow temporary water uses for                                  
construction, development, commercial and private activities in cases                               
where a long-term water right is not appropriate or necessary.  The                                 
department has been authorizing these temporary uses for several                                    
years and many industries, such as oil development and road                                         
construction, find them crucial to their ability to proceed with their                              
projects in a timely manner.  Losing this program option would                                      
needlessly exacerbate the current backlog in water permits.                                         
                                                                                                    
The bill confirms that the temporary water use authorizations are                                   
revocable and do not create a property right.  Because of the revocable                             
nature and finite duration of these authorizations, DNR would not be                                
required to provide prior public notice or conduct an administrative                                
review under the criteria applicable to permits for water rights.                                   
However, the commissioner will continue to provide notice to the                                    
Alaska Departments of Fish and Game and Environmental                                               

2001-03-14                     House Journal                      Page 0593
Conservation and be authorized to impose reasonable conditions or                                   
limitations on these temporary uses.                                                                
                                                                                                    
Finally, a transitional provision of the bill would provide that                                    
temporary water use permits issued before the effective date of the bill                            
may not be invalidated on the grounds that DNR did not provide                                      
public notice under AS 46.15.133 or review a permit application under                               
the criteria set out in AS 46.15.080.  A recent decision by the superior                            
court in Greenpeace, Inc. v. Alaska Department of Natural Resources,                              
concluded that DNR should have provided public notice of a                                          
temporary water use permit application and conducted a detailed                                     
review of the application before issuing the permit.  This decision                                 
could cause serious delays in development projects and DNR's water                                  
use processing.                                                                                     
                                                                                                    
In the interest of promoting efficiency for project development across                              
the state, I urge your prompt and favorable consideration of this                                   
measure.                                                                                            
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                 Governor"                                                         
                                                                                                    
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       THIRD READING OF HOUSE BILLS                                              
                                                                                                    
HB 103                                                                                            
The Speaker stated that, without objection, the following which was                                 
advanced to third reading from the March 13, 2001, calendar (page                                   
577), would be moved to the bottom of the calendar:                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 103(FIN)                                                                 
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; making appropriations under art. IX, sec.                                 
     17(c), Constitution of the State of Alaska, from the constitutional                            
     budget reserve fund; and providing for an effective date."                                     

2001-03-14                     House Journal                      Page 0594
HB 104                                                                                            
The Speaker stated that, without objection, the following which was                                 
advanced to third reading from the March 13, 2001, calendar (page                                   
578), would be moved to the bottom of the calendar:                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 104(FIN)                                                                 
     "An Act making appropriations for the operating and capital                                    
     expenses of the state's integrated comprehensive mental health                                 
     program; and providing for an effective date."                                                 
                                                                                                    
                                                                                                    
                    SECOND READING OF HOUSE RESOLUTIONS                                          
                                                                                                    
HCR 6                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 6                                                              
     Requesting the Governor to declare March 18 - 24, 2001, to be                                  
     Inhalants and Poisons Awareness Week.                                                          
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 HES RPT CS(HES) 5DP                                                    455                         
 FN1: ZERO(H.HES)                                                       455                         
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
               CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(HES)                                       
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Kapsner:                                              
                                                                                                    
Page 1, line 2, following "Week" (title amendment):                                               
 Insert "and August 26 - September 1, 2001, to be Inhalant                                        
Awareness Week"                                                                                   

2001-03-14                     House Journal                      Page 0595
Page 2, line 7, following ";":                                                                      
 Insert "and                                                                                        
 WHEREAS Alaska is taking a leading role in developing inhalant                                   
treatment protocols and encouraging inhalant prevention efforts                                     
through the Annual Inhalant Prevention Conference and the                                           
establishment of a statewide inhalant intervention program, with a                                  
residential treatment program opening in Bethel, Alaska, in August                                  
2001;"                                                                                              
                                                                                                    
                                                                                                    
Page 2, line 15, following "Week":                                                                  
 Insert "to coincide with the National Inhalant and Poison                                          
Awareness Week and also to proclaim the week of August 26 -                                         
September 1, 2001, as Inhalant Awareness Week to coincide with the                                  
Fourth Annual Inhalant Prevention Conference and the grand opening                                  
of the Statewide Residential Inhalant Treatment Program"                                            
                                                                                                    
                                                                                                    
Page 2, line 18, following "Week":                                                                  
 Insert "and Inhalant Awareness Week"                                                               
                                                                                                    
                                                                                                    
Representative Kapsner moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered and the new title appears below:                                                            
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(HES)                                                  
     am                                                                                             
     Requesting the Governor to declare March 18 - 24, 2001, to be                                  
     Inhalants and Poisons Awareness Week and August 26 -                                           
     September 1, 2001, to be Inhalant Awareness Week.                                              
                                                                                                    
The question being:  "Shall CSHCR 6(HES) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHCR 6(HES) am                                                                                     
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    

2001-03-14                     House Journal                      Page 0596
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter,                                       
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHCR 6(HES) am passed the House and was referred to the                                    
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
                   SECOND READING OF SENATE RESOLUTIONS                                          
                                                                                                    
SCR 4                                                                                             
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE CONCURRENT RESOLUTION NO. 4(STA)                                                 
     Relating to declaring April 6, 2001, as Alaska Tartan Day.                                     
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 STA RPT 5DP                                                            511                         
 FN1: ZERO(S.STA)                                                       512                         
                                                                                                    
The question being:  "Shall CSSCR 4(STA) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSSCR 4(STA)                                                                                        
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter,                                       
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    

2001-03-14                     House Journal                      Page 0597
Absent:  Moses                                                                                      
                                                                                                    
And so, CSSCR 4(STA) passed the House, was signed by the Speaker                                    
and Chief Clerk, and returned to the Senate.                                                        
                                                                                                    
                                                                                                    
                           LEGISLATIVE CITATIONS                                                 
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Bill Baxandall                                                                           
By Senator Taylor; Representatives Porter, Berkowitz, Bunde,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Guess, Halcro,                                   
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                     
Stevens, Williams, Wilson                                                                           
                                                                                                    
In Memoriam - Axenia Annie Simeon Nook                                                              
By Representatives Morgan, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Guess, Halcro,                               
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg,                                       
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
In Memoriam - Jim Munson                                                                            
By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna,                                      
Coghill, Crawford, Croft, Dyson, Fate, Foster, Guess, Halcro, Harris,                               
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster,                                    
McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi,                                        
Stevens, Williams, Wilson                                                                           
                                                                                                    
In Memoriam - Doris Elizabeth Paul                                                                  
By Senator Lincoln; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster,                                    
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan,                                         
Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson                                      
                                                                                                    

2001-03-14                     House Journal                      Page 0598
                       THIRD READING OF HOUSE BILLS                                              
                                (Continued)                                                        
                                                                                                    
HB 103                                                                                            
The following, which was moved to the bottom of the calendar                                        
(page 593), was read the third time:                                                                
                                                                                                    
     CS FOR HOUSE BILL NO. 103(FIN)                                                                 
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; making appropriations under art. IX, sec.                                 
     17(c), Constitution of the State of Alaska, from the constitutional                            
     budget reserve fund; and providing for an effective date."                                     
                                                                                                    
The question being:  "Shall CSHB 103(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 103(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  27   NAYS:  10   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Cissna, Coghill, Dyson, Fate, Foster, Green,                                
Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire,                                   
Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Berkowitz, Crawford, Croft, Davies, Guess, Hayes, Joule,                                     
Kapsner, Kerttula, Kookesh                                                                          
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 103(FIN) passed the House.                                                             
                                                                                                    
                                                                                                    
Representative James moved that the House adopt the appropriations                                  
from the constitutional budget reserve fund under art. IX, sec. 17(c),                              
Constitution of the State of Alaska.                                                                
                                                                                                    
                                                                                                    

2001-03-14                     House Journal                      Page 0599
The question being:  "Shall the appropriations from the constitutional                              
budget reserve fund under art. IX, sec. 17(c), Constitution of the State                            
of Alaska, be adopted?"  The roll was taken with the following result:                              
                                                                                                    
CSHB 103(FIN)                                                                                       
Third Reading                                                                                       
Constitutional Budget Reserve Appropriations                                                        
                                                                                                    
YEAS:  25   NAYS:  12   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris,                               
Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan,                                    
Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                     
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Guess,                                    
Hayes, Joule, Kapsner, Kerttula, Kookesh                                                            
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, lacking the necessary 30 votes, the constitutional budget                                   
reserve fund appropriations were not adopted.                                                       
                                                                                                    
                                                                                                    
The new title appears below:                                                                        
                                                                                                    
     CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld)                                                
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; and providing for an effective date."                                     
                                                                                                    
Representative James moved the effective date clause.                                               
                                                                                                    
                                                                                                    
The question being: "Shall the effective date clause be adopted?"  The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 103(FIN)(brf sup maj fld)                                                                      
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  27   NAYS:  10   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    

2001-03-14                     House Journal                      Page 0600
Yeas:  Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green,                                
Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire,                                   
Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Guess, Hayes, Joule,                                     
Kapsner, Kerttula, Kookesh                                                                          
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative Berkowitz gave notice of reconsideration of his vote on                              
CSHB 103(FIN)(brf sup maj fld).                                                                     
                                                                                                    
                                                                                                    
HB 104                                                                                            
The following, which was moved to the bottom of the calendar                                        
(page 594), was read the third time:                                                                
                                                                                                    
     CS FOR HOUSE BILL NO. 104(FIN)                                                                 
     "An Act making appropriations for the operating and capital                                    
     expenses of the state's integrated comprehensive mental health                                 
     program; and providing for an effective date."                                                 
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 104(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 104(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  7   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster,                                
Green, Halcro, Harris, Hudson, James, Joule, Kerttula, Kohring, Kott,                               
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter,                                       
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Guess, Hayes, Kapsner, Kookesh                                  
                                                                                                    

2001-03-14                     House Journal                      Page 0601
Excused:  Masek, Ogan                                                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 104(FIN) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being: "Shall the effective date clause be adopted?"  The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 104(FIN)                                                                                       
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson,                                  
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg,                                        
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Nays:  Guess                                                                                        
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative Berkowitz gave notice of reconsideration of his vote on                              
CSHB 104(FIN).                                                                                      
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    

2001-03-14                     House Journal                      Page 0602
Representative Crawford - from 7:14 p.m., plane time, March 16 to                                   
9:34 p.m., plane time, March 18, 2001                                                               
                                                                                                    
Representative Hayes - from 1:30 p.m., plane time, March 23 to                                      
9:34 p.m., plane time, March 25, 2001                                                               
                                                                                                    
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
citation, Honoring - Consul General Yoshinori Tsujimoto, be taken up                                
as a Special Order of Business at this time.  There being no objection,                             
it was so ordered.                                                                                  
                                                                                                    
Representative James moved and asked unanimous consent that all                                     
members of the House be shown as cosponsors of the citation.  There                                 
being no objection, it was so ordered.                                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - Consul General Yoshinori Tsujimoto                                                       
By Senator Cowdery; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                        
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan,                                             
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HCR 6                                                                                             
Representatives Hudson and McGuire added their names as                                             
cosponsors to:                                                                                      
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(HES)                                                  
     am                                                                                             
     Requesting the Governor to declare March 18 - 24, 2001, to be                                  
     Inhalants and Poisons Awareness Week and August 26 -                                           
     September 1, 2001, to be Inhalant Awareness Week.                                              

2001-03-14                     House Journal                      Page 0603
                                ENGROSSMENT                                                      
                                                                                                    
HCR 6                                                                                             
CSHCR 6(HES) am was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
                               ANNOUNCEMENTS                                                     
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Resources Committee                                                                                 
1:00 p.m., 3/14 meeting RESCHEDULED TO:                    upon adj., 3/14                          
                                                                                                    
Judiciary Committee                                                                                 
1:00 p.m., 3/14 meeting RESCHEDULED TO:                    2:10 p.m., 3/14                          
                                                                                                    
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., March 15, 2001.  There being no                                     
objection, the House adjourned at 1:52 p.m.                                                         
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk