Legislature(2001 - 2002)
2001-04-28 House Journal
Full Journal pdf2001-04-28 House Journal Page 1291 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Saturday April 28, 2001 One Hundred Eleventh Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:15 a.m. Roll call showed 26 members present. Representatives Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Moses, Ogan, and Stevens were absent and their presence was noted later. Representative James moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kookesh - from today to 7:00 a.m., plane time, April 30, 2001 The invocation was offered by the Chaplain Designee, Representative Green. Representative Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: O God, You are our loving Heavenly Father, Creator of all that was, all that is, and all that ever will be. We pause in our hectic, often disorganized, even disillusioned lives, to now, briefly, show our respect to You. In our fast-paced impatient existence, we often place too much importance on our measure of time and forget that it is nothing but the turning of a tiny globe in Your vast creation. Yet while our concept of time means nothing to You, our individual actions are very important to You. So important that You sent Your only begotten Son to us to show us how 2001-04-28 House Journal Page 1292 You would have us behave; and to ultimately die for us, even though we fall so far short of Your glory. Lord, we meet today to try to do the work of the people who elected us; and toward that end, dear God, please make our products pleasing to You. Guide us in our deliberations Lord; and while we are about our earthly tasks, keep us ever mindful of Your commandment to love our neighbors as ourselves. That while opinions may differ, we should express them to each other with respect; for each one of us, after all, was created uniquely different by You. Thank You, Heavenly Father, for this opportunity to collectively seek Your guidance in our deliberations this day and for the remainder of session. Amen. The Pledge of Allegiance was led by Representative Harris. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 110th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 34 A message dated April 27, 2001, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 34 "An Act relating to the statutory rule against perpetuities, to nonvested property interests and trusts, and to the suspension of the power of alienation of property; and providing for an effective date." Chapter No. 17, SLA 2001 Effective Date: See Chapter 2001-04-28 House Journal Page 1293 HB 156 A message dated April 27, 2001, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 156 "An Act relating to municipal debt for development and redevelopment projects." Chapter No. 20, SLA 2001 Effective Date: July 26, 2001 SJR 14 A message dated April 27, 2001, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 14(STA) Urging President Bush, the United States Department of State, and the United States Congress to intervene and negotiate with the government of Canada to reconsider the imposition of a fee to transport firearms through Canada. Legislative Resolve No. 18 SB 58 A message dated April 27, 2001, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 58 "An Act relating to the membership and quorum requirements of the State Medical Board." Chapter No. 16, SLA 2001 Effective Date: July 26, 2001 2001-04-28 House Journal Page 1294 SB 76 A message dated April 27, 2001, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 76 "An Act relating to the Alaska Right-of-Way Leasing Act; and providing for an effective date." Chapter No. 18, SLA 2001 Effective Date: April 28, 2001 SB 78 A message dated April 27, 2001, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 78(CRA) "An Act relating to municipal regulation of radio antennas." Chapter No. 19, SLA 2001 Effective Date: July 26, 2001 SB 112 A message dated April 27, 2001, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 112(FIN) "An Act placing certain employees of the Alaska Mental Health Trust Authority in the exempt service; establishing a minimum salary for the long term care ombudsman; and providing for an effective date." Chapter No. 15, SLA 2001 Effective Date: April 28, 2001 2001-04-28 House Journal Page 1295 MESSAGES FROM THE SENATE HJR 19 A message dated April 27, 2001, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 19 Urging the United States Congress to pass legislation to fund the acquisition of high-resolution digital orthoimagery and digital elevation data for the entire state of Alaska. HJR 19 was referred to the Chief Clerk for enrollment. HB 72 A message dated April 27, 2001, was read stating the Senate has passed: HOUSE BILL NO. 72 am "An Act relating to an assistant adjutant general for space and missile defense in the Department of Military and Veterans' Affairs." with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 72(RLS) "An Act relating to an assistant adjutant general for space and missile defense in the Department of Military and Veterans' Affairs; and providing for an effective date." (technical title change) HB 72 am is under Unfinished Business. **The presence of Representatives Davies and Joule was noted. A message dated April 27, 2001, was read stating the Senate has passed the following and they are transmitted for consideration: 2001-04-28 House Journal Page 1296 FIRST READING AND REFERENCE OF SENATE BILLS SB 135 CS FOR SENATE BILL NO. 135(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to mental health records, communications, and information; and providing for an effective date." was read the first time and referred to the Rules Committee. **The presence of Representatives Moses and Cissna was noted. SB 152 SENATE BILL NO. 152 by Senator Cowdery, entitled: "An Act relating to the handling of and interest on contract controversies involving the Department of Transportation and Public Facilities or state agencies to whom the Department of Transportation and Public Facilities delegates the responsibility for handling the controversies." was read the first time and referred to the Finance Committee. **The presence of Representatives Berkowitz and Guess was noted. SB 183 SENATE BILL NO. 183 by the Senate Finance Committee, entitled: "An Act relating to public interest litigants and to attorney fees; and amending Rule 82, Alaska Rules of Civil Procedure." was read the first time and referred to the Judiciary Committee. 2001-04-28 House Journal Page 1297 COMMUNICATIONS The following was received: Office of the Governor Office of Equal Employment Opportunity Workforce Underutilization Report April 15, 2001 (as required by AS 44.19.451) # **The presence of Representatives Crawford and Croft was noted. REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Duane S. Udland as a member of the Alcoholic Beverage Control Board; and Ms. Rena L. Anderson Dr. Patricia Bergdahl Dr. James Blasingame as members of the Board of Dental Examiners; and Dr. David Head Ms. Sheila Means as members of the State Medical Board; and Ms. Sharon Evans as a member of the Board of Certified Direct-Entry Midwives; and 2001-04-28 House Journal Page 1298 Ms. Mary S. (Sue) Nikodym as a member of the Board of Nursing; and The Honorable Cliff Davidson as a member of the Occupational Safety and Health Review Board. The reports were signed by Representative Murkowski, Chair; and Representatives Meyer, Kott, Rokeberg, Halcro, Crawford, and Hayes. **The presence of Representative Kapsner was noted. The Resources Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Pat Pourchot as Commissioner of the Department of Natural Resources; and Ms. Julie M. Heusser as a member of the Alaska Oil and Gas Conservation Commission; and Dr. Julie Maier as a member of the Board of Game. The reports were signed by Representative Scalzi, Co-chair; and Representatives Fate, Chenault, McGuire, Stevens, and Kapsner. The Honorable Ben Grussendorf as a member of the Board of Game. The report was signed by Representative Scalzi, Co-chair; and Representatives Chenault, Stevens, and Kapsner. 2001-04-28 House Journal Page 1299 Mr. William (Chip) H. Dennerlein as a member of the Board of Game. The report was signed by Representatives Chenault, Stevens, and Kapsner. **The presence of Representatives Kerttula and Ogan was noted. HJR 17 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 17 Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Coghill, James, Kookesh, Meyer, Rokeberg No recommendation (2): Berkowitz, Ogan The following fiscal note(s) apply: 1. Zero, House Judiciary Committee/All Depts. HJR 17 was referred to the Rules Committee for placement on the calendar. HB 4 The Finance Committee has considered: HOUSE BILL NO. 4 "An Act relating to offenses involving operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage or controlled substance; relating to implied consent to 2001-04-28 House Journal Page 1300 take a chemical test; relating to registration of motor vehicles; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 4(FIN) "An Act relating to motor vehicles and to operating a motor vehicle, aircraft, or watercraft; and providing for an effective date." The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (4): Bunde, Lancaster, Hudson, Foster No recommendation (4): Harris, Davies, Moses, Williams Amend (1): Whitaker The following fiscal note(s) apply to CSHB 4(FIN): 5. Fiscal, Dept. of Health & Social Services 6. Fiscal, Dept. of Health & Social Services 11. Zero, Dept. of Health & Social Services 12. Zero, Dept. of Health & Social Services 16. Fiscal, Alaska Court System 19. Fiscal, Dept. of Administration 20. Fiscal, Dept. of Administration 21. Fiscal, Dept. of Corrections 22. Fiscal, Dept. of Law 23. Fiscal, Dept. of Public Safety HB 4 was referred to the Rules Committee for placement on the calendar. HB 42 The State Affairs Committee has considered: 2001-04-28 House Journal Page 1301 HOUSE BILL NO. 42 "An Act relating to the consumption, purchase, furnishing, delivery, offer for sale, and sale of alcoholic beverages and to driver's licenses and identification cards used to purchase alcoholic beverages." and recommends it be replaced with: CS FOR HOUSE BILL NO. 42(STA) (same title) The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (1): Fate Do not pass (1): Coghill No recommendation (3): Crawford, Hayes, James Amend (1): Wilson The following fiscal note(s) apply to CSHB 42(STA): 1. Fiscal, Dept. of Administration 2. Fiscal, Dept. of Administration 3. Fiscal, Dept. of Corrections 4. Fiscal, Dept. of Law HB 42 was referred to the Judiciary Committee. **The presence of Representative Hayes was noted. HB 51 The Finance Committee has considered: HOUSE BILL NO. 51 "An Act giving notice of and approving the entry into, and the issuance of certificates of participation for, a lease-purchase 2001-04-28 House Journal Page 1302 agreement for a seafood and food safety laboratory facility; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 51(FIN) "An Act giving notice of and approving the entry into and the issuance of certificates of participation for a lease-purchase agreement for a seafood and food safety laboratory facility; relating to the use of certain investment income for certain construction costs; and providing for an effective date." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (6): Bunde, Croft, Davies, Moses, Lancaster, Williams No recommendation (4): Harris, Foster, Hudson, Mulder The following fiscal note(s) apply to CSHB 51(FIN): 1. Fiscal, Dept. of Administration 2. Fiscal, Dept. of Environmental Conservation 4. Fiscal, Dept. of Revenue HB 51 was referred to the Rules Committee for placement on the calendar. HB 53 The Finance Committee has considered: HOUSE BILL NO. 53 "An Act establishing the Alaska Seismic Hazards Safety Commission." and recommends it be replaced with: CS FOR HOUSE BILL NO. 53(STA) (same title) 2001-04-28 House Journal Page 1303 The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (8): Whitaker, Harris, Croft, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (1): Bunde The following fiscal note(s) apply to CSHB 53(STA): 1. Fiscal, Office of the Governor 2. Fiscal, Dept. of Natural Resources HB 53 was referred to the Rules Committee for placement on the calendar. HB 86 The Judiciary Committee has considered: HOUSE BILL NO. 86 "An Act relating to civil liability for certain false or improper allegations in a civil pleading or for certain improper acts relating to a civil action." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg Do not pass (1): Berkowitz No recommendation (4): Coghill, James, Kookesh, Meyer Amend (1): Ogan The following fiscal note(s) apply: 1. Fiscal, Alaska Court System 2. Fiscal, Dept. of Law 2001-04-28 House Journal Page 1304 HB 86 was referred to the Finance Committee. HB 160 The Judiciary Committee has considered: HOUSE BILL NO. 160 "An Act requiring the reporting of induced terminations of pregnancies." and recommends it be replaced with: CS FOR HOUSE BILL NO. 160(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Coghill, Ogan, James, Kookesh, Meyer No recommendation (2): Berkowitz, Rokeberg The following fiscal note(s) apply to CSHB 160(JUD): 2. Fiscal, Dept. of Health & Social Services HB 160 was referred to the Finance Committee. HB 198 The Finance Committee has considered: HOUSE BILL NO. 198 "An Act relating to a post-retirement pension adjustment and cost- of-living allowance for persons receiving benefits under the Elected Public Officers Retirement System; and increasing the compensation of the governor." and recommends it be replaced with: 2001-04-28 House Journal Page 1305 CS FOR HOUSE BILL NO. 198(FIN) "An Act relating to a post-retirement pension adjustment for certain persons receiving benefits under the Elected Public Officers Retirement System." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Davies, Hudson, Foster, Williams Do not pass (1): Whitaker No recommendation (5): Bunde, Harris, Croft, Lancaster, Mulder The following fiscal note(s) apply to CSHB 198(FIN): 1. Fiscal, Dept. of Administration 2. Zero, Office of the Governor HB 198 was referred to the Rules Committee for placement on the calendar. HB 207 The Judiciary Committee has considered: HOUSE BILL NO. 207 "An Act relating to the judicial districts of the state." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (6): Berkowitz, Coghill, James, Kookesh, Meyer, Rokeberg No recommendation (1): Ogan The following fiscal note(s) apply: 1. Zero, Alaska Court System 2001-04-28 House Journal Page 1306 HB 207 was referred to the Finance Committee. HB 239 The Finance Committee has considered: HOUSE BILL NO. 239 "An Act establishing a pilot program for a regional learning center." The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (10): Bunde, Whitaker, Harris, Croft, Davies, Moses, Lancaster, Foster, Hudson, Williams The following fiscal note(s) apply: 1. Fiscal, Dept. of Education & Early Development HB 239 was referred to the Rules Committee for placement on the calendar. HB 241 The Resources Committee has considered: HOUSE BILL NO. 241 "An Act relating to a railroad utility corridor for extension of the Alaska Railroad to Canada and to extension of the Alaska Railroad to Whitehorse, Yukon Territory, Canada." and recommends it be replaced with: CS FOR HOUSE BILL NO. 241(RES) "An Act relating to a railroad utility corridor for extension of the Alaska Railroad to Canada and to extension of the Alaska Railroad to Whitehorse, Yukon, Canada." The report was signed by Representative Scalzi, Co-chair, and Representative Fate, Vice Chair, with the following individual recommendations: 2001-04-28 House Journal Page 1307 Do pass (4): Chenault, McGuire, Fate, Scalzi Amend (1): Green The following fiscal note(s) apply to CSHB 241(RES): 1. Zero, Dept. of Community & Economic Development HB 241 was referred to the Rules Committee for placement on the calendar. SB 149 The Health, Education & Social Services Committee has considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 149(HES) "An Act relating to reemployment of retired teachers, to eligibility for major medical insurance coverage for beneficiaries of the teachers' retirement system, and to teacher certificates; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 149(HES) (same title) The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (5): Stevens, Wilson, Joule, Cissna, Dyson Amend (1): Kohring The following fiscal note(s) apply to HCS CSSSSB 149(HES): 1. Fiscal, Dept. of Administration 2. Zero, Dept. of Education & Early Development CSSSSB 149(HES) was referred to the Finance Committee. 2001-04-28 House Journal Page 1308 **The presence of Representative Stevens was noted. SB 187 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 187(FIN) "An Act relating to absentee and special needs voting." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (3): Wilson, James, Fate No recommendation (2): Hayes, Coghill Amend (1): Crawford The following fiscal note(s) apply: 1. Zero, Office of the Governor CSSB 187(FIN) was referred to the Rules Committee for placement on the calendar. HB 164 The Speaker waived the Finance Committee referral for the following at the request of Representative Williams, Co-chair: HOUSE BILL NO. 164 "An Act prescribing the rights of grandparents related to child-in- need-of-aid hearings; and amending Rules 3, 7, 10, 15, and 19, Alaska Child in Need of Aid Rules." HB 164 was removed from the Finance Committee and is on today's calendar. 2001-04-28 House Journal Page 1309 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Karl Schleich, Alaska's National Distinguished Principal By Representatives Kohring, Masek; Senator Green Honoring - Bessie Francis By Representative Kapsner Honoring - Skye Rubadeau By Representative Halcro Honoring - Bill Hartman, 45 Years of Service By Senator Olson; Representative Foster Commemorating - The National Day of Prayer and Alaska Day of Prayer, May 3, 2001 By Senator Leman In Memoriam - Laurie Angell By Representative Kohring In Memoriam - Geraldine Fantazzi By Representative Whitaker In Memoriam - Thomas Edward Stack, Sr. By Senator Taylor INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 253 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 253 by Representatives James and Kerttula, entitled: "An Act relating to retirement contributions and benefits under the public employees' retirement system of certain state employees 2001-04-28 House Journal Page 1310 who are employed as social workers or who supervise social workers." was read the first time and referred to the State Affairs and Finance Committees. HB 261 HOUSE BILL NO. 261 by Representative Coghill, entitled: "An Act relating to the standards that must be used for terminating parental rights; and amending Rule 18(c), Alaska Child in Need of Aid Rules of Procedure." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 262 HOUSE BILL NO. 262 by the House Labor & Commerce Committee by request, entitled: "An Act relating to accounting for and appropriations of receipts from fees collected by the Department of Labor and Workforce Development for certain inspections and for certain plumbing and electrical worker certificates of fitness; establishing a building safety account; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 263 HOUSE BILL NO. 263 by Representative Fate, entitled: "An Act relating to water quality standards applicable to flow- through hot springs pools." was read the first time and referred to the Resources Committee. 2001-04-28 House Journal Page 1311 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 164 The following was read the second time: HOUSE BILL NO. 164 "An Act prescribing the rights of grandparents related to child-in- need-of-aid hearings; and amending Rules 3, 7, 10, 15, and 19, Alaska Child in Need of Aid Rules." with the: Journal Page HES RPT CS(HES) NT 7DP 855 FN1: ZERO(HSS) 855 JUD RPT CS(JUD) NT 4DP 1AM 1113 FN1: ZERO(HSS) 1114 FIN REFERRAL WAIVED 1308 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. 164(JUD) "An Act prescribing the rights of grandparents related to child-in- need-of-aid hearings; and amending Rules 3, 7, 10, 15, 17, and 19, Alaska Child in Need of Aid Rules of Procedure." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 164(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 164(JUD) was read the third time. The question being: "Shall CSHB 164(JUD) pass the House?" The roll was taken with the following result: 2001-04-28 House Journal Page 1312 CSHB 164(JUD) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh And so, CSHB 164(JUD) 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 court rule change. There being no objection, it was so ordered. CSHB 164(JUD) was referred to the Chief Clerk for engrossment. HB 179 The following was read the second time: HOUSE BILL NO. 179 "An Act relating to underage drinking and drug offenses; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) 3DP 3NR 1090 FN1: (ADM) 1090 FN2: INDETERMINATE(COR) 1090 FN3: (CRT); FN4: (HSS) 1090 FN5: (HSS); FN6: (HSS); FN7: (LAW) 1090 FIN RPT CS(FIN) 9DP 1NR 1195 FN2: INDETERMINATE(COR) 1196 FN5: (HSS); FN6: (HSS); FN8: (ADM) 1196 FN9: (CRT); FN10:(HSS); FN11: (LAW) 1196 2001-04-28 House Journal Page 1313 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. 179(FIN) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 179(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 179(FIN) was read the third time. The question being: "Shall CSHB 179(FIN) pass the House?" The roll was taken with the following result: CSHB 179(FIN) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Stevens, Whitaker, Williams, Wilson Nays: Davies, Scalzi Excused: Kookesh And so, CSHB 179(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 Kerttula gave notice of reconsideration of her vote on CSHB 179(FIN). 2001-04-28 House Journal Page 1314 HB 181 The following was read the second time: HOUSE BILL NO. 181 "An Act relating to the obligations of spouses, to insurance policies of spouses, to the nonprobate transfer of property on death to a community property trust, to the division of the community property of spouses at death, and to the Alaska Community Property Act; and providing for an effective date." with the: Journal Page JUD RPT FORTHCOMING CS(JUD) 3DP 2NR 1115 FN1: ZERO(LAW) 1116 CS(JUD) NT RECEIVED 1150 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. 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." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 181(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 181(JUD) was read the third time. The question being: "Shall CSHB 181(JUD) pass the House?" The roll was taken with the following result: 2001-04-28 House Journal Page 1315 CSHB 181(JUD) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: Bunde, Croft, Halcro, Kohring And so, CSHB 181(JUD) 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 court rule change. There being no objection, it was so ordered. 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 181(JUD) was referred to the Chief Clerk for engrossment. HB 191 The following was read the second time: HOUSE BILL NO. 191 "An Act authorizing financing for certain public transportation projects; giving notice of and approving the entry into, and the issuance of revenue obligations that provide participation in, lease-financing agreements for those transportation projects; and providing for an effective date." 2001-04-28 House Journal Page 1316 with the: Journal Page FIN RPT CS(FIN) 7DP 1NR 2AM 1267 FN1: (REV) 1268 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. 191(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 (technical) was offered by Representative Williams: Page 2, line 24: Delete "52" Insert "352" Representative Williams moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Guess: Page 3, lines 16 - 17: Delete all material. Insert new projects: "(26) Fast Ferries 35,000,000 (27) Fairbanks: Fairbanks North Star Borough Area Roads and Trails 6,900,000 (28) Rural: Chief Eddie Hoffman Highway 2,830,000 Rural Village Road Surfacing 5,757,000 (29) Matanuska-Susitna: Wasilla Local Gravel-to-Asphalt 1,000,000 Bogard Road Extension East 6,530,000" Renumber the following projects accordingly. 2001-04-28 House Journal Page 1317 Representative Guess moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 191(FIN) am Second Reading Amendment No. 2 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro, Hayes, Joule, Kapsner, Kerttula, Moses Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Joule: Page 4, following line 30: Insert a new project to read: "(57) Barrow: Road Surface Treatments 5,000,000" Representative Joule moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 2001-04-28 House Journal Page 1318 CSHB 191(FIN) am Second Reading Amendment No. 3 YEAS: 12 NAYS: 24 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Moses, Rokeberg Nays: Bunde, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: Chenault, Masek, McGuire And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Kapsner: Page 2, following line 23: Insert a new project to read: "(14) Bethel Area Roads 3,000,000" Renumber the following projects accordingly. Representative Kapsner moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 191(FIN) am Second Reading Amendment No. 4 YEAS: 14 NAYS: 23 EXCUSED: 1 ABSENT: 2 2001-04-28 House Journal Page 1319 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kohring, Morgan, Moses, Murkowski Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Williams Excused: Kookesh Absent: Whitaker, Wilson And so, Amendment No. 4 was not adopted. Representative James moved and asked unanimous consent that CSHB 191(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected and withdrew the objection. There being no further objection, CSHB 191(FIN) am was advanced to third reading. CSHB 191(FIN) am was read the third time. The question being: "Shall CSHB 191(FIN) am pass the House?" The roll was taken with the following result: CSHB 191(FIN) am Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Guess Excused: Kookesh Absent: Moses And so, CSHB 191(FIN) am passed the House. 2001-04-28 House Journal Page 1320 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 191(FIN) am was referred to the Chief Clerk for engrossment. HB 204 The following was read the second time: HOUSE BILL NO. 204 "An Act relating to the Alaska Commission on Postsecondary Education and the Alaska Student Loan Corporation; relating to student financial aid programs and the financing of those programs; establishing the Alaska Advantage Loan Program and the Alaska Supplemental Education Loan Program; increasing the bonding authorization of the Alaska Student Loan Corporation; providing for liens resulting from a default under AS 14.43 or AS 14.44; relating to the duties of the recorder regarding those liens; relating to defaults under the Western Regional Higher Education Compact; relating to the prohibition on discrimination regarding programs under AS 14.43; relating to fees for the review of certain postsecondary institutions; making conforming amendments; and providing for an effective date." with the: Journal Page EDU RPT 5DP 840 FN2: (EED) 841 HES REFERRAL WAIVED 868 FIN RPT 9DP 1AM 1029 FN2: (EED) 1030 Representative James moved and asked unanimous consent that HB 204 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 204 was read the third time. 2001-04-28 House Journal Page 1321 The question being: "Shall HB 204 pass the House?" The roll was taken with the following result: HB 204 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: Foster And so, HB 204 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. HB 204 was referred to the Chief Clerk for engrossment. Representative Cissna later declared a conflict of interest. HB 234 The Speaker stated that, without objection, the following would be moved down the calendar to before citations: HOUSE BILL NO. 234 "An Act relating to the financing of construction and renovation of certain public facilities; and providing for an effective date." SECOND READING OF SENATE BILLS SB 77 The following was read the second time: 2001-04-28 House Journal Page 1322 SENATE BILL NO. 77 "An Act repealing the exception that applies to collection and payment of interest of $150 or less on royalty or net profit share underpayments and overpayments; and providing for an effective date." with the: Journal Page RES RPT 7DP 857 FN1: ZERO(DNR) 857 FIN RPT 8DP 1095 FN1: ZERO(DNR) 1095 Representative James moved and asked unanimous consent that SB 77 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 77 was read the third time. The question being: "Shall SB 77 pass the House?" The roll was taken with the following result: SB 77 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: Bunde, McGuire, Rokeberg And so, SB 77 passed the House. 2001-04-28 House Journal Page 1323 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. SB 77 was signed by the Speaker and Chief Clerk and returned to the Senate. SENATE BILLS IN SECOND READING SB 103 The following, which was held in second reading and returned to the Rules Committee (page 993), was again before the House: HOUSE CS FOR CS FOR SENATE BILL NO. 103(FIN) "An Act relating to election campaigns and legislative ethics." Representative James moved and asked unanimous consent that the House rescind previous action in adopting HCS CSSB 103(FIN) (page 964). There being no objection, it was so ordered. CSSB 103(FIN) which had been read a second time (page 963) was again before the House. Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 103(2d RLS) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Halcro: Page 9, line 24, following "others;": Insert "or" Page 9, line 25, through page 10, line 1: Delete "; or 2001-04-28 House Journal Page 1324 (G) reasonable use of governmental resources by a legislator or legislative employee to support or oppose a proposed amendment to the state or federal constitution; a legislator or legislative employee may support or oppose a proposed constitutional amendment; however, a legislator or legislative employee may not use governmental resources to solicit or receive contributions for a proposed constitutional amendment" Representative Halcro moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. The Speaker stated that, without objection, the House would recess to 2:30 p.m.; and so, the House recessed at 1:46 p.m. AFTER RECESS The Speaker called the House back to order at 2:40 p.m. SENATE BILLS IN SECOND READING (continued) SB 103 The following was again before the House with Amendment No. 1 moved and pending: HOUSE CS FOR CS FOR SENATE BILL NO. 103(2d RLS) "An Act relating to election campaigns and legislative ethics." Representative Halcro moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. New Amendment No. 1 was offered by Representative Halcro: Page 9, line 26: Delete "reasonable" Insert "incidental" 2001-04-28 House Journal Page 1325 Page 9, line 27: Delete "or legislative employee" Page 9, line 28 - 29: Delete "or legislative employee" Representative Halcro moved and asked unanimous consent that New Amendment No. 1 be adopted. Objection was heard. Representative Davies moved and asked unanimous consent that the question be divided. The Speaker ruled the question was divisible. There being no objection, New Amendment No. 1 was divided. New Amendment No. 1 - Part A: Page 9, line 26: Delete "reasonable" Insert "incidental" Representative Berkowitz placed a call of the House. The call was satisfied. The question being: "Shall New Amendment No. 1 - Part A be adopted?" The roll was taken with the following result: HCS CSSB 103(2d RLS) Second Reading New Amendment No. 1 - Part A YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Meyer, Morgan, Moses, Murkowski, Stevens 2001-04-28 House Journal Page 1326 Nays: Chenault, Coghill, Fate, Foster, James, Kott, Lancaster, Masek, McGuire, Mulder, Ogan, Porter, Rokeberg, Scalzi, Whitaker, Williams, Wilson Excused: Kookesh And so, New Amendment No. 1 - Part A was adopted. New Amendment No. 1 - Part B: Page 9, line 27: Delete "or legislative employee" Page 9, line 28 - 29: Delete "or legislative employee" The question being: "Shall New Amendment No. 1 - Part B be adopted?" The roll was taken with the following result: HCS CSSB 103(2d RLS) am H Second Reading New Amendment No. 1 - Part B YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Guess, Halcro, Kapsner, Kerttula, Kohring, Meyer, Murkowski Nays: Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green, Harris, Hayes, Hudson, James, Joule, Kott, Lancaster, Masek, McGuire, Morgan, Moses, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh And so, New Amendment No. 1 - Part B was not adopted. Amendment No. 2 was offered by Representative James: Page 2, lines 8 through 11, following "section.": Delete all material. 2001-04-28 House Journal Page 1327 Representative James moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Davies objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 103(2d RLS) am H Second Reading Amendment No. 2 YEAS: 7 NAYS: 29 EXCUSED: 1 ABSENT: 3 Yeas: Coghill, James, Masek, Meyer, Moses, Porter, Wilson Nays: Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Williams Excused: Kookesh Absent: Bunde, Foster, Lancaster And so, Amendment No. 2 was not adopted. Representative James moved and asked unanimous consent that HCS CSSB 103(2d RLS) am H be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 103(2d RLS) am H will advance to third reading on the April 29, 2001, calendar. THIRD READING OF HOUSE BILLS HB 52 The following, which was advanced to third reading from the April 27, 2001, calendar (page 1274), was read the third time: 2001-04-28 House Journal Page 1328 HOUSE BILL NO. 52 "An Act relating to the Interstate Compact for Adult Offender Supervision and the State Council for Interstate Adult Offender Supervision; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date." Representative Ogan moved and asked unanimous consent that HB 52 be returned to second reading for the specific purpose of considering Amendment No. 1. Objection was heard and withdrawn. There being no further objection, HB 52 was returned to second reading. Amendment No. 1 was offered by Representatives Ogan and Coghill: Page 20, line 9: Delete "The" Insert "Subject to confirmation by the legislature, the" Representative Ogan moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 52 Second Reading Amendment No. 1 YEAS: 5 NAYS: 34 EXCUSED: 1 ABSENT: 0 Yeas: Coghill, Fate, Kohring, Masek, Ogan Nays: Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2001-04-28 House Journal Page 1329 Excused: Kookesh And so, Amendment No. 1 was not adopted. Representative Coghill moved and asked unanimous consent that HB 52 be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Rokeberg and Coghill: Page 22, following line 19: Insert a new bill section to read: "* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE REVIEW OF RULES. The compact administrator shall annually, not later than January 31, provide any rules that have been adopted by the Interstate Commission during the previous calendar year to the legislature. The legislature shall review the rules to determine if the compact should be repealed, amended, or permitted to continue. In this section, "compact," "compact administrator," and "Interstate Commission," have the meanings given in AS 33.36.110, repealed and reenacted by sec. 2 of this Act." Renumber the following bill sections accordingly. Representative Coghill moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Amendment to Amendment No. 2 was offered by Representative Davies: Add to the amendment following "January 31, provide": "a report on" 2001-04-28 House Journal Page 1330 Representative Davies moved and asked unanimous consent that Amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 2 as amended be adopted?" The roll was taken with the following result: HB 52 Second Reading Amendment No. 2 as amended YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz Excused: Kookesh Absent: Masek And so, Amendment No. 2 as amended was adopted. The question being: "Shall HB 52 am pass the House?" The roll was taken with the following result: HB 52 am Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Coghill, Kohring, Masek, Ogan 2001-04-28 House Journal Page 1331 Excused: Kookesh And so, HB 52 am 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 court rule change. There being no objection, it was so ordered. 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. HB 52 am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 15 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 15(RLS) Relating to imports of salmon from Chile. with the: Journal Page FSH RPT 7DP 927 FN1: ZERO(S.RES) 927 Representative James moved and asked unanimous consent that CSSJR 15(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSJR 15(RLS) was read the third time. The question being: "Shall CSSJR 15(RLS) pass the House?" The roll was taken with the following result: 2001-04-28 House Journal Page 1332 CSSJR 15(RLS) Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring Excused: Kookesh And so, CSSJR 15(RLS) passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. THIRD READING OF SENATE RESOLUTIONS SJR 17 The following, which was advanced to third reading from the April 27, 2001, calendar (page 1283), was read the third time: CS FOR SENATE JOINT RESOLUTION NO. 17(STA) Relating to requesting that President Bush renounce and reverse Clinton Administration anti-gun-ownership policies and reorient the United States Department of Justice towards policies that accurately reflect the intent of the Second Amendment to the United States Constitution to grant individual Americans the right to keep and bear arms. The question being: "Shall CSSJR 17(STA) pass the House?" The roll was taken with the following result: CSSJR 17(STA) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 1 ABSENT: 2 2001-04-28 House Journal Page 1333 Yeas: Berkowitz, Bunde, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Cissna, Davies Excused: Kookesh Absent: Chenault, Morgan And so, CSSJR 17(STA) passed the House. Representative Berkowitz gave notice of reconsideration of his vote on CSSJR 17(STA). SECOND READING OF HOUSE BILLS (continued) HB 234 The following, which was moved to the bottom of the calendar (page 1321), was read the second time: HOUSE BILL NO. 234 "An Act relating to the financing of construction and renovation of certain public facilities; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) NT 7DP 1NR 2AM 1268 FN1: (REV) 1269 The following corrected fiscal note was submitted by the Finance Committee: 1. Fiscal, Dept. of Revenue 2001-04-28 House Journal Page 1334 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. 234(FIN) "An Act relating to subsidiaries of the Alaska Housing Finance Corporation; relating to the smoking education and cessation account and to smoking education and cessation programs; relating to funding the smoking education and cessation account; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to fund the smoking education and cessation account and to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Croft and Joule: Page 4, following line 20: Insert a new project to read: "Bering Strait - Koyuk School K-12 Replacement 11,660,343 Yuppiit - Tuluksak School Improvement 18,393,931" Page 5, line 6: Delete "7,000,000" Insert "9,097,138" Page 5, following line 7: Insert projects new to read: 2001-04-28 House Journal Page 1335 "Southwest Region - Ekwok, Koliganek, Togiak Schools Heating System Upgrade 122,256 Hoonah City - Hoonah Swimming Pool Sprinkler System 220,476 Galena - High School Remodel 167,846 Kenai Peninsula - McNeil Canyon Replace Septic System 171,500 Kake City - Kake High School Ren. Phase II 175,065 Chatham - Angoon High School Major Maintenance 1,730,507 North Slope Borough - Tikigaq School Renovation 3,675,502 Tanana City - Tanana Kitchen Renovation 438,539 Wrangell City - Wrangell Elementary Schools Renovation 1,129,238 Lower Yukon - Emmonak Mechanical System Upgrade 574,885 Lower Yukon - Alakanuk Mechanical System Upgrade 899,740 Iditarod Area - Takotna Community School Water Project 192,374 Anchorage - Service High School Phase I Renovation 4,998,000 Kenai Peninsula - Seward Middle School Gym Reroof 278,275 Iditarod Area - Innoko River School Bathroom, Shower & Underfloor Damage Repairs 46,746 Iditarod Area - McGrath School Heating Design, Boiler Replacement & Repairs 235,200 Kenai Peninsula - Kenai Central High School Reinsulate Exterior Walls 385,610 Alaska Gateway - Tok Multipurpose Rec. Complex Renovation Project 961,612 Delta/Greely - Fort Greely Utility Conversion 2,054,852 2001-04-28 House Journal Page 1336 Iditarod Area - Holy Cross School Bathroom & Shower Deterioration 47,530 Wrangell City - Wrangell Middle School Renovation 164,522 Sitka City Borough - Blatchley Domestic Water System Upgrade 667,356 Skagway City - Skagway Roof Replacement 174,613 Mat-Su Borough - Fire Alarm Systems, 5 Schools 638,647 Fairbanks - Districtwide Fire Protection System Upgrade 1,193,832 Yakutat City - Yakutat High School Gymnasium Structural Repair 70,981 Yukon - Koyukuk - Kaltag School Renovation 2,418,052 Mat-Su Borough - Septic System Upgrade Colony High School 164,039 Wrangell City - Wrangell Elementary School & High School Roof & Exterior Repairs 101,216 Northwest Arctic - Shungnak Improvements Phase II 2,740,522 Dillingham City - Elementary School Weatherization 105,418 Kuspuk - Chuathbaluk Crow Village Sam School Sewage System Replacement 375,661" Page 5, lines 9 through 20: Delete all material. Renumber the following projects accordingly. Page 5, line 21 through page 6, line 8: Delete all material. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. 2001-04-28 House Journal Page 1337 Representative Fate moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Fate was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 234(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 24 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hudson, Joule, Kapsner, Kerttula, Moses Nays: Bunde, Chenault, Dyson, Fate, Foster, Green, Halcro, Harris, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Porter, Rokeberg, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: Coghill, Hayes, Morgan, Scalzi And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Lancaster and Bunde: Page 1, line 2, following "the" (title amendment): Delete "smoking" Insert "tobacco use" Page 1, line 2, following "to": Delete "smoking" Insert "tobacco use" Page 1, line 3: Delete "smoking" Insert "tobacco use" 2001-04-28 House Journal Page 1338 Page 1, lines 10 - 11: Delete "to fund the smoking education and cessation account and" Page 2, lines 17 - 29: Delete all material. Renumber the following bill sections accordingly. Page 3, line 1: Delete "Smoking education and cessation account" Insert "Tobacco education and cessation fund" Page 3, line 2: Delete "Northern Tobacco Securitization Corporation the smoking education and cessation account" Insert "general fund, the tobacco use education and cessation fund into which shall be deposited 20 percent annually of the revenue derived from the settlement of the State of Alaska v. Philip Morris, Incorporated, et al, No. 1JU-97-915 CI (Alaska Super. 1997)" Page 3, lines 6 - 8: Delete all material. Insert a new subsection to read: "(b) Subject to annual appropriation, the purpose of the tobacco use education and cessation fund is to provide a source to finance the comprehensive smoking education, tobacco use prevention, and tobacco control program authorized by AS 44.29.020(a)(15)." Page 3, line 9, following "section": Delete "creates a dedicated fund" Insert "exempts money deposited in the tobacco use education and cessation fund from the requirements of AS 37.07 (Executive Budget Act) or dedicates that money for a special purpose" Page 6, line 12 through Page 7, line 9: Delete all material. Renumber the following bill sections accordingly. 2001-04-28 House Journal Page 1339 Representative Bunde moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 234(FIN) am "An Act relating to subsidiaries of the Alaska Housing Finance Corporation; relating to the tobacco use education and cessation account and to tobacco use education and cessation programs; relating to funding the tobacco use education and cessation account; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." Amendment No. 3 was offered by Representative Davies: Page 7, following line 10: Insert a new bill section to read: "*Sec. 9. AS 37.05.580 enacted in sec. 3 of this Act is repealed on the date that the Alaska Supreme Court decides that the sale or transfer of a part of the annual revenue derived from the settlement of State of Alaska v. Philip Morris, Incorporated, et al, No. 1JU-97-915 CI (Alaska Super. 1997) authorized in sec. 9, ch. 130 SLA 2000 is invalid." Renumber the following bill section accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. 2001-04-28 House Journal Page 1340 Objection was heard. Representative Davies moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Amendment No. 4 (technical) was offered by Representative Mulder: Page 5, line 16: Delete "University Center" Representative Mulder moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 234(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 234(FIN) am was read the third time. The question being: "Shall CSHB 234(FIN) am pass the House?" The roll was taken with the following result: CSHB 234(FIN) am Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 1 ABSENT: 2 Yeas: Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Joule, Kapsner, Kerttula, Masek Excused: Kookesh 2001-04-28 House Journal Page 1341 Absent: Halcro, Ogan And so, CSHB 234(FIN) am passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. Representative Berkowitz objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 234(FIN) am Third Reading Effective Date YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: Halcro, Ogan And so, the effective date clause was adopted. Representative Bunde gave notice of reconsideration of his vote on CSHB 234(FIN) am. 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: 2001-04-28 House Journal Page 1342 Honoring - David "Dave" Cottrell By Representatives Bunde, Porter, Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson Honoring - Chapel by the Lake's 50th Anniversary By Representatives Hudson, Kerttula, Dyson, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Green, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson; Senator Elton Honoring - Captain Ervin L. Hagerup By Representatives Hudson, Kerttula, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson; Senator Elton Honoring - Kenneth Young, Special Olympian By Representatives McGuire, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson In Memoriam - Terry Wills By Representatives Williams, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Wilson; Senator Taylor 2001-04-28 House Journal Page 1343 In Memoriam - Kris Alan Geldaker By Representatives Williams, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Wilson; Senator Taylor In Memoriam - Ralph D. Jones By Senator Phillips; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson UNFINISHED BUSINESS Representative James moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Murkowski - from 7:30 p.m., plane time, today to 9:30 p.m., plane time, April 29, 2001 HB 192 The Speaker waived the Finance Committee referral for the following at the request of Representative Williams, Co-chair: HOUSE BILL NO. 192 "An Act relating to the Bristol Bay Salmon Classic; and providing for an effective date." HB 192 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 207 The Speaker waived the Finance Committee referral for the following at the request of Representative Williams, Co-chair: 2001-04-28 House Journal Page 1344 HOUSE BILL NO. 207 "An Act relating to the judicial districts of the state." HB 207 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 53 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 53 "An Act establishing the Alaska Seismic Hazards Safety Commission." HB 164 Representatives Green and McGuire added their names as cosponsors to: CS FOR HOUSE BILL NO. 164(JUD) "An Act prescribing the rights of grandparents related to child-in- need-of-aid hearings; and amending Rules 3, 7, 10, 15, 17, and 19, Alaska Child in Need of Aid Rules of Procedure." HB 181 Representative Wilson added her name as cosponsor to: 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 239 Representative Davies added his name as cosponsor to: HOUSE BILL NO. 239 "An Act establishing a pilot program for a regional learning center." 2001-04-28 House Journal Page 1345 HB 241 Representative Fate added his name as cosponsor to: HOUSE BILL NO. 241 "An Act relating to a railroad utility corridor for extension of the Alaska Railroad to Canada and to extension of the Alaska Railroad to Whitehorse, Yukon Territory, Canada." HB 244 Representative Coghill 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." HB 257 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 257 "An Act relating to preventing harassment, intimidation, or bullying in public schools; and providing for an effective date." SJR 15 Representative Harris added his name as cross sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 15(RLS) Relating to imports of salmon from Chile. SJR 17 Representative Masek added her name as cross sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 17(STA) Relating to requesting that President Bush renounce and reverse Clinton Administration anti-gun-ownership policies and reorient the United States Department of Justice towards policies that accurately reflect the intent of the Second Amendment to the 2001-04-28 House Journal Page 1346 United States Constitution to grant individual Americans the right to keep and bear arms. SB 156 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 156(RES) "An Act amending the Alaska Land Act to clarify the requirement of a single written best interest finding required for the sale, lease, or other disposal of state land or resources or an interest in them, and relating to certain disposals involving multiphased development; and providing for an effective date." ENGROSSMENT HB 52 HB 52 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 164 CSHB 164(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 181 CSHB 181(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 191 CSHB 191(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 204 HB 204 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2001-04-28 House Journal Page 1347 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Judiciary Committee POSTPONED TO: 4:45 p.m. Finance Committee CONTINUED: 4:45 p.m. ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 1:00 p.m., April 29, 2001. There being no objection, the House adjourned at 4:34 p.m. Suzi Lowell Chief Clerk