Legislature(2001 - 2002)

2001-04-23 House Journal

Full Journal pdf

2001-04-23                     House Journal                      Page 1129
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                    Monday                   April 23, 2001                         
                                                                                                    
                          One Hundred Sixth Day                                                
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:09 a.m.                                                                                
                                                                                                    
Roll call showed 36 members present.  Representative Ogan was                                       
excused from a call of the House today due to illness.  Representatives                             
Kerttula, Kohring, and Williams were absent and their presence was                                  
noted later.                                                                                        
                                                                                                    
The invocation was offered by the Reverend Robert Bruschi of the                                    
Church of the Holy Trinity.  Representative Green moved and asked                                   
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it appears below:                                                               
                                                                                                    
     Lord God Almighty, in whose Name the founders of this                                          
     country won liberty for themselves and for us, and lit the                                     
     torch of freedom for nations yet unborn:  Grant that we who                                    
     serve the people of Alaska, together with all the people of this                               
     land, may have grace to maintain our liberties in                                              
     righteousness and peace; through the God in whom we live                                       
     and move and have our being.  Amen.                                                            
                                                                                                    
The Pledge of Allegiance was led by Representative Fate.                                            
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 103rd, 104th, and 105th legislative days and House                                  
Journal Supplement No. 5 and House & Senate Joint Journal                                           
Supplement No. 7 be approved as certified by the Chief Clerk.  There                                
being no objection, it was so ordered.                                                              

2001-04-23                     House Journal                      Page 1130
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HJR 22                                                                                            
A message dated April 20, 2001, was read stating the Senate has made                                
the following committee member change to the Conference                                             
Committee considering:                                                                              
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS)                                                      
     Relating to a diverse community; condemning a recent racially                                  
     motivated attack; and requesting the Municipality of Anchorage                                 
     police department to continue their conclusive investigation and                               
     requesting the criminal justice system to take rapid action to reach                           
     the determination of this case.                                                                
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                
     22(STA) am S                                                                                   
     (same title)                                                                                   
                                                                                                    
Senator Davis replaces Senator Hoffman.                                                             
                                                                                                    
                                                                                                    
HB 13                                                                                             
A message dated April 20, 2001, was read stating the Senate has                                     
passed CSSSHB 13(JUD) with the following amendment and it is                                        
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 13(RLS)                                             
     "An Act relating to municipal service areas and providing for                                  
     voter approval of the formation, alteration, or abolishment of                                 
     certain service areas."                                                                        
                                                                                                    
CSSSHB 13(JUD) is under Unfinished Business.                                                        
                                                                                                    
                                                                                                    
SB 164                                                                                            
A message dated April 20, 2001, was read stating the Senate has                                     
concurred in the House amendment to SB 164, thus adopting:                                          
                                                                                                    

2001-04-23                     House Journal                      Page 1131
     HOUSE CS FOR SENATE BILL NO. 164(O&G)                                                          
     "An Act prohibiting leases under the Right-of-Way Leasing Act                                  
     on state land in or adjacent to the Beaufort Sea; and providing for                            
     an effective date."                                                                            
                                                                                                    
A message dated April 20, 2001, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                          OF SENATE RESOLUTIONS                                                  
                                                                                                    
SJR 26                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 26(HES) by the Senate                                            
Health, Education & Social Services Committee:                                                      
                                                                                                    
     Urging the President and the Congress to provide additional                                    
     funding for special education services.                                                        
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education.                                                                                          
                                                                                                    
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 166                                                                                            
SENATE BILL NO. 166 by Senators Donley and Taylor, entitled:                                        
                                                                                                    
     "An Act relating to the time of filling by appointment a vacancy in                            
     the office of United States senator."                                                          
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 71                                                                                             
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    

2001-04-23                     House Journal                      Page 1132
     HOUSE BILL NO. 71                                                                              
     "An Act relating to the education of children with disabilities and                            
     of gifted children; relating to the Governor's Council on                                      
     Disabilities and Special Education; making conforming                                          
     amendments; and providing for an effective date."                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 71(HES)                                                                  
     "An Act relating to the education of children with disabilities and                            
     to the Governor's Council on Disabilities and Special Education;                               
     and providing for an effective date."                                                          
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Coghill, Kohring, Wilson, Stevens, Dyson                                              
                                                                                                    
Do not pass (1):  Cissna                                                                            
                                                                                                    
Amend (1):  Joule                                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 71(HES):                                                 
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 71 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HB 105                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
     HOUSE BILL NO. 105                                                                             
     "An Act relating to the base student allocation used in the formula                            
     for state funding of public education; and providing for an                                    
     effective date."                                                                               
                                                                                                    

2001-04-23                     House Journal                      Page 1133
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 105(EDU)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Bunde, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Stevens, Joule, Wilson, Porter                                                        
                                                                                                    
No recommendation (1):  Bunde                                                                       
                                                                                                    
Amend (1):  Guess                                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 105(EDU):                                                
                                                                                                    
Fiscal note(s) forthcoming.                                                                         
                                                                                                    
HB 105 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Annie Bartley, Erma Belz, Ruth Burnett, and June Rogers                                  
By Representative Hayes                                                                             
                                                                                                    
Honoring - Ron Keyes                                                                                
By Representative Davies                                                                            
                                                                                                    
Honoring - Ernest Barker                                                                            
By Representative Green                                                                             
                                                                                                    
Honoring - Kenneth Thomas, Sr.                                                                      
By Representative Morgan; Senator Lincoln                                                           
                                                                                                    
Honoring - Rainy Diehl                                                                              
By Representative Morgan; Senator Lincoln                                                           

2001-04-23                     House Journal                      Page 1134
Honoring - Doctor and Mrs. Jerry Prevo, Thirtieth Pastoral                                          
Anniversary Celebration                                                                             
By Senator Ward; Representative Mulder                                                              
                                                                                                    
In Memoriam - Judge William H. Sanders                                                              
By Representatives Foster, Rokeberg                                                                 
                                                                                                    
In Memoriam - Laura Thickens Halford                                                                
By Senator Ward                                                                                     
                                                                                                    
In Memoriam - George M. Jordan, Jr.                                                                 
By Senator Davis                                                                                    
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HCR 18                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 18 by the House                                                     
Judiciary Committee:                                                                                
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 105,                                  
     relating to crime victims.                                                                     
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 251                                                                                            
HOUSE BILL NO. 251 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the commission of an offense or a juvenile                                 
     delinquency act involving the victim's race, sex, color, religion,                             
     physical or mental disability, sexual orientation, economic                                    
     disadvantage, ancestry, or national origin; relating to sentencing,                            
     informal adjustment, and adjudication for those offenses and acts;                             

2001-04-23                     House Journal                      Page 1135
     relating to a diversity tolerance program for certain juvenile                                 
     delinquency acts; relating to a civil cause of action for certain acts                         
     involving discriminatory harassment; and providing for an                                      
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services, Judiciary, and Finance Committees.                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Indeterminate, Dept. of Corrections                                                             
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated April 20, 2001, appears below:                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting to you today a piece of legislation that I wish were                              
not needed with hopes that some day it will become an unnecessary                                   
law on the books.  This bill may be called Alaska's Hate Crime Act.  It                             
is intended to adequately punish those ignorant offenders who commit                                
crimes based on hatred of another because of who that person is.  It is                             
intended to send the clear message that Alaskans condemn this                                       
intolerance of diversity.                                                                           
                                                                                                    
This bill expands the legal protection given to those in our society                                
most vulnerable to attack because of prejudice.  Our current law                                    
allows for an aggravated sentence in felony cases if the offender was                               
consciously attacking the victim because of that person's race, sex,                                
color, creed, physical or mental disability, ancestry or national origin.                           
This bill:                                                                                          
                                                                                                    
     · Includes in the list of aggravators a victim's sexual orientation                            
         or economic disadvantage;                                                                  
     · Clarifies that the aggravators may apply even if the offender                                
         mistakenly perceived the victim to fall into one of the listed                             
         attributes;                                                                                
     · Imposes mandatory minimum sentences for hate crime                                           
         misdemeanors;                                                                              

2001-04-23                     House Journal                      Page 1136
     · Prohibits the suspension of imposition of sentences in hate                                  
         crime cases;                                                                               
     · Requires sanctions for juveniles who commit hate crimes                                      
         including community work service and referral to a diversity                               
         tolerance program;                                                                         
     · Creates a civil right of action allowing victims to sue their                                
         attacker or the parents of a juvenile attacker.                                            
                                                                                                    
This bill cannot solve the problem on its own.  Punishing hate crimes                               
will not curb bigotry.  We can end the scourge of prejudice only                                    
through teaching and sharing with our children the value of cultural                                
diversity and the respect all human beings deserve.                                                 
                                                                                                    
So with this legislation my administration will be taking further steps                             
to teach tolerance.  We will encourage school districts to create                                   
standards and guidelines for protecting students from hate crimes.  We                              
will train our public safety officers to recognize and adequately                                   
address these crimes.  And I will create a statewide commission on                                  
tolerance that will recommend further actions we Alaskans may take                                  
together to build a just society.                                                                   
                                                                                                    
I encourage the Legislature to stand with me in sending this message                                
of tolerance and respect.  I look forward to working together on                                    
passage of this legislation and our other efforts to make this Hate                                 
Crime Act one that will some day be a forgotten legacy of an                                        
intolerant past.                                                                                    
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 252                                                                                            
HOUSE BILL NO. 252 by Representative Coghill, entitled:                                             
                                                                                                    
     "An Act relating to the construction of certain statutes relating to                           
     children; relating to the scope of duty and standard of care for                               
     persons who provide services to certain children and families; and                             
     providing for an effective date."                                                              

2001-04-23                     House Journal                      Page 1137
was read the first time and referred to the Health, Education & Social                              
Services Committee.                                                                                 
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 102                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 102                                                                             
     "An Act relating to the theft of propelled vehicles."                                          
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT CS(JUD) 3DP 3NR                                               402                          
 FN1: ZERO(CRT)                                                        402                          
 FN2: INDETERMINATE(COR)                                               402                          
 FIN RPT CS(JUD) 8DP 1NR                                               854                          
 FN1: ZERO(CRT)                                                        854                          
 FN2: INDETERMINATE(COR)                                               854                          
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 102(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
102(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    

2001-04-23                     House Journal                      Page 1138
The Speaker stated that CSHB 102(JUD) will advance to third reading                                 
on the April 24, 2001, calendar.                                                                    
                                                                                                    
                                                                                                    
HB 120                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 120                                                      
     "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."                                                          
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT 4DP 1NR                                                     1087                           
 FN1: ZERO(DPS)                                                      1087                           
                                                                                                    
The Speaker stated that, without objection, SSHB 120 would be                                       
moved to the bottom of the calendar.                                                                
                                                                                                    
                                                                                                    
HB 167                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 167                                                                             
     "An Act relating to license plates for Alaska National Guard                                   
     personnel and for antique motor vehicles; relating to gold rush                                
     license plates; and providing for an effective date."                                          
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT CS(STA) NT 7DP                                                878                          
 FN1: ZERO(H.STA)                                                      878                          
 FIN REFERRAL WAIVED                                                 1020                           
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2001-04-23                     House Journal                      Page 1139
     CS FOR HOUSE BILL NO. 167(STA)                                                                 
     "An Act relating to license plates for Alaska National Guard                                   
     personnel and for antique motor vehicles; and providing for an                                 
     effective date."                                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
167(STA) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 167(STA) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 167(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 167(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies,                                 
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kookesh, Kott, Lancaster, Masek, McGuire,                                    
Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg,                                          
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Coghill, Kerttula, Kohring                                                                 
                                                                                                    
And so, CSHB 167(STA) 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.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 167(STA) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
HB 200                                                                                            
The following was read the second time:                                                             
                                                                                                    

2001-04-23                     House Journal                      Page 1140
     HOUSE BILL NO. 200                                                                             
     "An Act establishing July 3 as Drunk Driving Victims                                           
     Remembrance Day."                                                                              
                                                                                                    
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT CS(STA) 6DP 1NR                                             1010                           
 FN1: ZERO(H.STA/GOV)                                                1011                           
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 200(STA)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
200(STA) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 200(STA) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 200(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 200(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster,                                  
Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                    
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    

2001-04-23                     House Journal                      Page 1141
Absent:  Kohring                                                                                    
                                                                                                    
And so, CSHB 200(STA) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 210                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 210                                                                             
     "An Act relating to sexual assault and sexual abuse of a minor."                              
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT CS(JUD) 3DP 1NR 1AM                                           953                          
 FN1: INDETERMINATE(ADM)                                               954                          
 FN2: ZERO(CRT)                                                        954                          
 FN3: ZERO(LAW)                                                        954                          
 FIN REFERRAL WAIVED                                                   994                          
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 210(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, following line 2:                                                                           
 Insert "*Section 1. AS 09.10.060 is repealed and reenacted to                                    
read:                                                                                               
       Sec. 09.10.060.  Notwithstanding other provisions in this                                  
     chapter, a person may bring an action at any time for the following                            
     acts:                                                                                          
      (a) sexual abuse of a minor; or                                                               
      (b) sexual assault."                                                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   

2001-04-23                     House Journal                      Page 1142
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Davies:                                                                                             
                                                                                                    
Under (a) and (b) preceding "sexual":                                                               
 Insert "felony"                                                                                    
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no further objection to Amendment No. 1 as amended, it                                  
was adopted.                                                                                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
210(JUD) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 210(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 210(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 210(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek,                                   
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    

2001-04-23                     House Journal                      Page 1143
Absent:  Foster, Kohring                                                                            
                                                                                                    
And so, CSHB 210(JUD) am passed the House.                                                          
                                                                                                    
Representative Berkowitz gave notice of reconsideration of his vote on                              
CSHB 210(JUD) am.                                                                                   
                                                                                                    
                                                                                                    
                       THIRD READING OF HOUSE BILLS                                              
                                                                                                    
HB 3                                                                                              
The following, which was advanced to third reading from the April 20,                               
2001, calendar (page 1098), was read the third time:                                                
                                                                                                    
     HOUSE BILL NO. 3                                                                               
     "An Act relating to deposits to the Alaska permanent fund from                                 
     mineral lease rentals, royalties, royalty sale proceeds, net profit                            
     shares under AS 38.05.180(f) and (g), federal mineral revenue                                  
     sharing payments received by the state from mineral leases, and                                
     bonuses received by the state from mineral leases, and limiting                                
     deposits from those sources to the 25 percent required under art.                              
     IX, sec. 15, Constitution of the State of Alaska; and providing for                            
     an effective date."                                                                            
                                                                                                    
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
The question being:  "Shall HB 3 pass the House?"  The roll was taken                               
with the following result:                                                                          
                                                                                                    
HB 3                                                                                                
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Bunde, Dyson, Fate, Foster, Green, Guess, Halcro, Harris,                                    
Hayes, Hudson, James, Joule, Kapsner, Kookesh, Kott, Lancaster,                                     
McGuire, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg,                                        
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Nays:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                               
Kerttula, Kohring, Masek, Meyer                                                                     
                                                                                                    

2001-04-23                     House Journal                      Page 1144
Excused:  Ogan                                                                                      
                                                                                                    
And so, HB 3 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.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Davies gave notice of reconsideration of his vote on                                 
HB 3.                                                                                               
                                                                                                    
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                               (continued)                                                         
                                                                                                    
HB 120                                                                                            
The following, which was read the second time and moved to the                                      
bottom of the calendar (page 1138), was again before the House:                                     
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 120                                                      
     "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."                                                          
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Kerttula:                                             
                                                                                                    
Page 3, line 2:                                                                                     
 Insert a new bill section to read:                                                                 
 "* Sec. 2.  AS 12.62.900(23) is amended to read:                                                 
       (23) "serious offense" means a conviction for a violation                                    
     or for an attempt, solicitation, or conspiracy to commit a violation                           
     of any of the following laws, or of the laws of another jurisdiction                           
     with substantially similar elements:                                                           
           (A) a felony offense;                                                                    
           (B) a crime involving domestic violence;                                                 
           (C) AS 11.41.410 - 11.41.470;                                                            
                (D) AS 11.51.130 or 11.51.200 - 11.56.210;                                     

2001-04-23                     House Journal                      Page 1145
           (E) AS 11.61.110(a)(7) or 11.61.125;                                                     
           (F) AS 11.66.100 - 11.66.130;                                                            
           (G) former AS 11.15.120, former 11.15.134, or                                            
         assault with the intent to commit rape under former AS                                     
         11.15.160; or                                                                              
           (H) former AS 11.40.080, 11.40.110, 11.40.130, or                                        
         11.40.200 - 11.40.420, if committed before January 1, 1980;"                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Kerttula 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.                                                                        
                                                                                                    
Representative James moved and asked unanimous consent that SSHB
120 am be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that SSHB 120 am will advance to third reading on                                
the April 24, 2001, calendar.                                                                       
                                                                                                    
                                                                                                    
                          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:                             
                                                                                                    
Tribute to the Hunter                                                                               
By Representatives Joule, Porter, Berkowitz, Bunde, Chenault, Cissna,                               
Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro,                                 
Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kookesh,                                  
Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski,                                         
Rokeberg, Stevens, Williams, Wilson                                                                 
                                                                                                    

2001-04-23                     House Journal                      Page 1146
Honoring - Kids' Kitchen                                                                            
By Representatives Guess, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Crawford, Croft, Davies, Dyson, Green, Halcro, Harris, Hayes,                               
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                     
Stevens, Williams, Wilson; Senator Ellis                                                            
                                                                                                    
                                                                                                    
Honoring - Hilltop Ski Area                                                                         
By Representatives Bunde, Porter, Berkowitz, Chenault, Cissna,                                      
Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes,                                       
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens,                                       
Williams, Wilson                                                                                    
                                                                                                    
                                                                                                    
Honoring - Warren Pellett                                                                           
By Senator Taylor; Representatives Porter, Berkowitz, Bunde,                                        
Chenault, Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro,                                    
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                     
Stevens, Williams, Wilson                                                                           
                                                                                                    
                                                                                                    
Honoring - Maserculiq Fish Processors                                                               
By Senator Lincoln; Representatives Morgan, Porter, Berkowitz,                                      
Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Guess,                                     
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Murkowski,                                       
Rokeberg, Stevens, Williams, Wilson                                                                 
                                                                                                    
                                                                                                    
Honoring - Lee and Barbara Jordan                                                                   
By Senators Halford, Phillips; Representatives Dyson, Kohring, Kott,                                
Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies,                                
Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                  
Kerttula, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski,                                     
Rokeberg, Stevens, Williams, Wilson                                                                 
                                                                                                    
                                                                                                    

2001-04-23                     House Journal                      Page 1147
In Memoriam - Edward Goodson, Sr.                                                                   
By Senator Davis; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Crawford, Croft, Davies, Dyson, Foster, Guess,                                    
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                           
Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson                                              
                                                                                                    
                                                                                                    
                           CONSIDERATION OF THE                                                  
                       FIRST SUPPLEMENTAL CALENDAR                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adopt the First Supplemental Calendar.  There being no                                        
objection, the following First Supplemental Calendar was adopted:                                   
                                                                                                    
 HB 76                                                                                              
                                                                                                    
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 76                                                                                             
The following was read the second time:                                                             
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76                                                       
     "An Act authorizing the commissioner of health and social                                      
     services to provide for the design and construction of psychiatric                             
     treatment facilities to replace the facilities of the Alaska                                   
     Psychiatric Institute."                                                                        
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 HES RPT CS(HES) NT 1DP 2NR 4AM                                        769                          
 FN1: ZERO(H.HES)                                                      770                          
 FIN RPT CS(FIN) NT 8DP 1NR                                          1110                           
 FN1: ZERO(H.HES)                                                    1111                           
 FN2: (DOT)                                                          1111                           
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2001-04-23                     House Journal                      Page 1148
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     76(FIN)                                                                                        
     "An Act providing for and relating to the issuance of certificates                             
     of participation to finance construction of a new facility to be                               
     known as the Alaska Psychiatric Institute; giving notice of and                                
     approving the entry into and the issuance of certificates of                                   
     participation in a lease-purchase agreement for construction of a                              
     new facility to be known as the Alaska Psychiatric Institute;                                  
     giving notice of the intent and approval to retain investment                                  
     income from pertinent appropriations to be applied to the cost of                              
     construction of a new facility to be known as the Alaska                                       
     Psychiatric Institute; relating to the construction of a facility to be                        
     known as the Alaska Psychiatric Institute; and providing for an                                
     effective date."                                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that                                         
CSSSHB 76(FIN) be considered engrossed, advanced to third reading,                                  
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                                                                                                    
CSSSHB 76(FIN) was read the third time.                                                             
                                                                                                    
                                                                                                    
The question being:  "Shall CSSSHB 76(FIN) pass the House?"  The                                    
roll was taken with the following result:                                                           
                                                                                                    
CSSSHB 76(FIN)                                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Green, Guess, Harris, Hayes, Hudson, James,                                    
Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                 
McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg,                                        
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    

2001-04-23                     House Journal                      Page 1149
Absent:  Foster, Halcro, Moses                                                                      
                                                                                                    
And so, CSSSHB 76(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.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Kapsner gave notice of reconsideration of her vote on                                
CSSSHB 76(FIN).                                                                                     
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 22                                                                                             
The Resources Committee submitted the forthcoming committee                                         
substitute, with a new title, for their report (page 1108).  The following                          
bill is being printed today:                                                                        
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     22(RES)                                                                                        
     "An Act requiring the owners or operators of certain passenger                                 
     vessels operating in the marine waters of the state to register the                            
     vessels; establishing information-gathering, record keeping, and                               
     reporting requirements relating to the vessels' graywater and the                              
     offloading or release of pollutants from the vessels; prohibiting                              
     the discharge of untreated sewage from the vessels; placing limits                             
     on discharges of treated sewage and graywater from the vessels;                                
     establishing penalties for failure to comply with certain laws                                 
     relating to the vessels; requiring a report from the Department of                             
     Environmental Conservation concerning matters relating to the                                  
     vessels; and providing for an effective date."                                                 
                                                                                                    
                                                                                                    
HB 174                                                                                            
The Judiciary Committee submitted the forthcoming committee                                         
substitute for their report (page 1115).  The following bill is being                               
printed today:                                                                                      
                                                                                                    

2001-04-23                     House Journal                      Page 1150
     CS FOR HOUSE BILL NO. 174(JUD)                                                                 
     "An Act relating to mental health information and records; and                                 
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
HB 181                                                                                            
The Judiciary Committee submitted the forthcoming committee                                         
substitute, with a new title, for their report (page 1115).  The following                          
bill is being printed today:                                                                        
                                                                                                    
     CS FOR HOUSE BILL NO. 181(JUD)                                                                 
     "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; amending Rule 301, Alaska Rules of Evidence; and                                 
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
HB 3                                                                                              
Representative Cissna added her name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 3                                                                               
     "An Act relating to deposits to the Alaska permanent fund from                                 
     mineral lease rentals, royalties, royalty sale proceeds, net profit                            
     shares under AS 38.05.180(f) and (g), federal mineral revenue                                  
     sharing payments received by the state from mineral leases, and                                
     bonuses received by the state from mineral leases, and limiting                                
     deposits from those sources to the 25 percent required under art.                              
     IX, sec. 15, Constitution of the State of Alaska; and providing for                            
     an effective date."                                                                            
                                                                                                    
HB 76                                                                                             
Representatives Mulder and Meyer added their names as cosponsors                                    
to:                                                                                                 
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     76(FIN)                                                                                        
     "An Act providing for and relating to the issuance of certificates                             
     of participation to finance construction of a new facility to be                               

2001-04-23                     House Journal                      Page 1151
     known as the Alaska Psychiatric Institute; giving notice of and                                
     approving the entry into and the issuance of certificates of                                   
     participation in a lease-purchase agreement for construction of a                              
     new facility to be known as the Alaska Psychiatric Institute;                                  
     giving notice of the intent and approval to retain investment                                  
     income from pertinent appropriations to be applied to the cost of                              
     construction of a new facility to be known as the Alaska                                       
     Psychiatric Institute; relating to the construction of a facility to be                        
     known as the Alaska Psychiatric Institute; and providing for an                                
     effective date."                                                                               
                                                                                                    
HB 196                                                                                            
Representatives McGuire and Fate added their names as cosponsors                                    
to:                                                                                                 
                                                                                                    
     HOUSE BILL NO. 196                                                                             
     "An Act establishing a right of action for a legal separation; and                             
     amending Rule 42(a), Alaska Rules of Civil Procedure."                                         
                                                                                                    
                                                                                                    
HB 210                                                                                            
Representatives Hayes, McGuire, Bunde, and Wilson added their                                       
names as cosponsors to:                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 210(JUD) am                                                              
     "An Act relating to sexual assault and sexual abuse of a minor."                              
                                                                                                    
                                                                                                    
HB 244                                                                                            
Representative Scalzi added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 244                                                                             
     "An Act relating to a grant of state land to the Denali Borough for                            
     a railroad and utility corridor and a railroad development project;                            
     repealing provisions relating to a grant of a right-of-way of land                             
     for a railroad and utility corridor to the Alaska Industrial                                   
     Development and Export Authority; and providing for an effective                               
     date."                                                                                         
                                                                                                    
                                                                                                    

2001-04-23                     House Journal                      Page 1152
                               ENGROSSMENT                                                       
                                                                                                    
HB 167                                                                                            
CSHB 167(STA) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 200                                                                                            
CSHB 200(STA) 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 meeting today has been changed as indicated:                                          
                                                                                                    
House Special Committee on Oil & Gas                                                                
CONTINUED:                                                       5:00 p.m.                          
                                                                                                    
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., April 24, 2001.  There being no                                     
objection, the House adjourned at 12:25 p.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk