Legislature(2001 - 2002)

2001-04-30 House Journal

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2001-04-30                     House Journal                      Page 1397
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                   Monday                  April 30, 2001                           
                                                                                                    
                       One Hundred Thirteenth Day                                              
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:26 a.m.                                                                                
                                                                                                    
Roll call showed 36 members present. Representative Masek was                                       
excused from a call of the House today due to illness.  Representatives                             
Croft, Kerttula, and Ogan were absent and their presence was noted                                  
later.                                                                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Wilson - from noon to 1:00 p.m. today                                                
                                                                                                    
Representative Kapsner - from 4:30 p.m. to 5:30 p.m. today                                          
                                                                                                    
The invocation was offered by Pastor Gary Waterhouse of the Juneau                                  
and Sitka Seventh-day Adventist Churches.  Representative Hudson                                    
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it appears below:                                           
                                                                                                    
    Lord, we come to You at the beginning of this week.  These                                      
    men and women need our prayers as they decide upon issues                                       
    that heavily impact the lives and well-being of the citizens of                                 
    the great and beautiful state of Alaska.  To turn to You, Lord,                                 
    for guidance, is reasonable and prudent.  Lord, our legislators                                 
    are working under a very heavy load these last few days of                                      
    this session.  Give to each of them the needed intelligence and                                 
    also the common sense in dealing with the weighty decisions                                     
    they are facing this day.  Amen.                                                                
                                                                                                    
The Pledge of Allegiance was led by Representative Guess.                                           

2001-04-30                     House Journal                      Page 1398
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 112th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Sarah Maas, Special Olympian                                                             
By Representative McGuire                                                                           
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 43                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 43                                                                               
    "An Act relating to reimbursement of certain student loans; and                                 
    providing for an effective date."                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 EDU RPT CS(EDU) NT 2DP 5NR                                          341                            
 FN1: (EED)                                                          341                            
 HES RPT CS(HES) NT 6DP                                              539                            
 FN1: (EED)                                                          539                            
 FIN RPT CS(FIN) NT 8DP 3NR                                        1353                             
 FN1: (EED)                                                        1353                             
                                                                                                    
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. 43(FIN)                                                                   
    "An Act relating to forgiveness of certain student loans; and                                   
    providing for an effective date."                                                               

2001-04-30                     House Journal                      Page 1399
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Guess:                                                
                                                                                                    
Page 1, line 9:                                                                                     
 Delete "located in this state"                                                                     
                                                                                                    
Representative Guess moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Green objected.                                                                      
                                                                                                    
**The presence of Representatives Kerttula, Croft, and Ogan was                                     
noted.                                                                                              
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 43(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Davies, Dyson, Guess, Joule,                                    
Kapsner, Kerttula, Kookesh, Morgan, Moses, Stevens                                                  
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Croft, Fate, Foster, Green, Halcro,                                
Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, McGuire,                                    
Meyer, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi,                                           
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Guess:                                                
                                                                                                    
Page 2, lines 10 - 11:                                                                              
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    

2001-04-30                     House Journal                      Page 1400
Representative Guess moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Green objected.                                                                      
                                                                                                    
Representative Ogan moved and asked unanimous consent that he be                                    
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Ogan was required to vote.                                            
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 43(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  14   NAYS:  24   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses, Wilson                                             
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan,                                    
Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                     
Williams                                                                                            
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    
Absent:  Ogan                                                                                       
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Guess:                                                
                                                                                                    
Page 2, line 20:                                                                                    
 Delete "commission"                                                                                
 Insert "State Board of Education and Early Development"                                            
                                                                                                    
Representative Guess moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 3 was adopted.                                                                        

2001-04-30                     House Journal                      Page 1401
Representative James moved and asked unanimous consent that CSHB
43(FIN) am be considered engrossed, advanced to third reading, and                                  
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 43(FIN) am was read the third time.                                                            
                                                                                                    
The question being:  "Shall CSHB 43(FIN) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 43(FIN) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
                                                                                                    
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,                                  
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    
Absent:  Kookesh, Ogan                                                                              
                                                                                                    
And so, CSHB 43(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.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 43(FIN) am was referred to the Chief Clerk for engrossment.                                    
                                                                                                    
                                                                                                    
HB 53                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 53                                                                               
    "An Act establishing the Alaska Seismic Hazards Safety                                          
    Commission."                                                                                    
                                                                                                    

2001-04-30                     House Journal                      Page 1402
with the:                                                  Journal Page                             
                                                                                                    
 MLV RPT CS(MLV) 6DP                                                 786                            
 FN1: (GOV); FN2: (DNR)                                              786                            
 STA RPT CS(STA) 7DP                                               1191                             
 FN1: (GOV); FN2: (DNR)                                            1192                             
 FIN RPT CS(STA) 8DP 1NR                                           1302                             
 FN1: (GOV); FN2: (DNR)                                            1303                             
                                                                                                    
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. 53(STA)                                                                   
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
53(STA) be considered engrossed, advanced to third reading, and                                     
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 53(STA) was read the third time.                                                               
                                                                                                    
The question being:  "Shall CSHB 53(STA) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 53(STA)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  2   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg,                                          
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Nays:  Kohring, Ogan                                                                                
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    

2001-04-30                     House Journal                      Page 1403
Absent:  Halcro                                                                                     
                                                                                                    
And so, CSHB 53(STA) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 106                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 106                                                                              
    "An Act relating to the authorizations for state financial                                      
    institutions; relating to confidential financial records of depositors                          
    and customers of certain financial institutions; relating to the                                
    Alaska Banking Code, Mutual Savings Bank Act, Alaska Small                                      
    Loans Act, and Alaska Credit Union Act; and providing for an                                    
    effective date."                                                                                
                                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 3DP 3NR 1AM                                    1229                             
 FN1: ZERO(CED)                                                    1230                             
                                                                                                    
                                                                                                    
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. 106(L&C)                                                                  
    "An Act relating to the authorizations for certain state financial                              
    institutions of certain powers and limitations; relating to                                     
    confidential records of depositors and customers of certain                                     
    financial institutions; relating to the Alaska Banking Code, Mutual                             
    Savings Bank Act, Alaska Small Loans Act, and Alaska Credit                                     
    Union Act; amending Rule 45, Alaska Rules of Civil Procedure,                                   
    Rules 17 and 37, Alaska Rules of Criminal Procedure, and Rule                                   
    24, Alaska Bar Rules; and providing for an effective date."                                     
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    

2001-04-30                     House Journal                      Page 1404
Amendment No. 1 (title amendment) was offered by Representative                                     
Murkowski:                                                                                          
                                                                                                    
Page 1, line 3:                                                                                     
 Following "institutions;"                                                                        
 Insert "relating to the examination of certain institutions                                      
subject to AS 06;"                                                                                
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected and withdrew the objection.  There                                
being no further objection, Amendment No. 1 was adopted and the                                     
new title appears below:                                                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 106(L&C)(title am)                                                        
    "An Act relating to the authorizations for certain state financial                              
    institutions of certain powers and limitations; relating to                                     
    confidential records of depositors and customers of certain                                     
    financial institutions; relating to the examination of certain                                  
    institutions subject to AS 06;relating to the Alaska Banking Code,                              
    Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska                                     
    Credit Union Act; amending Rule 45, Alaska Rules of Civil                                       
    Procedure, Rules 17 and 37, Alaska Rules of Criminal Procedure,                                 
    and Rule 24, Alaska Bar Rules; and providing for an effective                                   
    date."                                                                                          
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
106(L&C)(title am) be considered engrossed, advanced to third                                       
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 106(L&C)(title am) was read the third time.                                                    
                                                                                                    
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
CSHB 106(L&C)(title am) be returned to second reading for the                                       
specific purpose of considering Amendment No. 2.  There being no                                    
objection, it was so ordered.                                                                       
                                                                                                    

2001-04-30                     House Journal                      Page 1405
Amendment No. 2 was offered  by Representative McGuire:                                              
                                                                                                    
Page 3, line 25:                                                                                    
 Delete "(A)"                                                                                       
 Delete "a"                                                                                         
 Insert "that"                                                                                      
                                                                                                    
Page 3, line 26:                                                                                    
 Delete "or"                                                                                        
 Insert "and"                                                                                       
                                                                                                    
                                                                                                    
Page 3, lines 27 - 28:                                                                              
 Delete all material.                                                                               
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Halcro objected.                                                                     
                                                                                                    
The Speaker invoked Section 102 of Mason's Manual.                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 106(L&C)(title am)                                                                             
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
                                                                                                    
YEAS:  16   NAYS:  22   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                  
Fate, Green, Joule, Kapsner, Kerttula, Kookesh, McGuire, Ogan,                                      
Whitaker                                                                                            
                                                                                                    
Nays:  Bunde, Chenault, Foster, Guess, Halcro, Harris, Hayes,                                       
Hudson, James, Kohring, Kott, Lancaster, Meyer, Morgan, Mulder,                                     
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson                                      
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    
                                                                                                    

2001-04-30                     House Journal                      Page 1406
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Crawford moved and asked unanimous consent that                                      
CSHB 106(L&C)(title am) be returned to second reading for the                                       
specific purpose of considering Amendment No. 3.                                                    
                                                                                                    
                                                                                                    
Representative James objected and withdrew the objection.  There                                    
being no further objection, it was so ordered.                                                      
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representative Crawford:                                             
                                                                                                    
Page 3, line 29:                                                                                    
 Insert a new paragraph to read:                                                                    
      "(2) the financial institution that discloses the information                                 
    under (B) of this section agrees to disclose only after such                                    
    disclosure is authorized in writing by the consumer as in (a)(1) of                             
    this section."                                                                                  
                                                                                                    
Renumber the following paragraph accordingly.                                                       
                                                                                                    
                                                                                                    
Representative Crawford moved and asked unanimous consent that                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Murkowski objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 106(L&C)(title am)                                                                             
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  15   NAYS:  22   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    

2001-04-30                     House Journal                      Page 1407
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                  
Hudson, Joule, Kapsner, Kerttula, Kohring, Kookesh, McGuire, Ogan                                   
                                                                                                    
Nays:  Bunde, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                    
James, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Porter,                                   
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    
Absent:  Chenault, Moses                                                                            
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 106(L&C)(title am) be returned to second reading for the                                       
specific purpose of considering Amendment No. 4.  There being no                                    
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 3, line 31:                                                                                    
 Delete "intentionally"                                                                             
                                                                                                    
Page 4, line 1:                                                                                     
 Delete "actual"                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
Representative Ogan moved and asked unanimous consent that the                                      
question be divided.                                                                                
                                                                                                    
The Speaker ruled that the question was divisible.                                                  
                                                                                                    
                                                                                                    
There being no objection, Amendment No. 4 was divided.                                              
                                                                                                    

2001-04-30                     House Journal                      Page 1408
Amendment No. 4 - Part A:                                                                           
                                                                                                    
Page 3, line 31:                                                                                    
 Delete "intentionally"                                                                             
                                                                                                    
The question being: "Shall Amendment No. 4 - Part A be adopted?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 106(L&C)(title am)                                                                             
Second Reading                                                                                      
Amendment No. 4 - Part A                                                                            
                                                                                                    
                                                                                                    
YEAS:  32   NAYS:  5   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                               
Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James,                                    
Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                 
Morgan, Mulder, Murkowski, Ogan, Porter, Stevens, Whitaker,                                         
Williams                                                                                            
                                                                                                    
Nays:  Foster, Kohring, Rokeberg, Scalzi, Wilson                                                    
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    
Absent:  Bunde, Moses                                                                               
                                                                                                    
And so, Amendment No. 4 - Part A was adopted.                                                       
                                                                                                    
                                                                                                    
Amendment No. 4 - Part B:                                                                           
                                                                                                    
Page 4, line 1:                                                                                     
 Delete "actual"                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 4 - Part B be adopted?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 106(L&C) am                                                                                    
Second Reading                                                                                      
Amendment No. 4 - Part B                                                                            
                                                                                                    
                                                                                                    
YEAS:  25   NAYS:  12   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
                                                                                                    

2001-04-30                     House Journal                      Page 1409
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                  
Fate, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula,                               
Kookesh, Lancaster, McGuire, Meyer, Morgan, Murkowski, Stevens,                                     
Whitaker, Williams                                                                                  
                                                                                                    
Nays:  Chenault, Foster, Green, James, Kohring, Kott, Mulder, Ogan,                                 
Porter, Rokeberg, Scalzi, Wilson                                                                    
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    
Absent:  Bunde, Moses                                                                               
                                                                                                    
And so, Amendment No. 4 - Part B was adopted.                                                       
                                                                                                    
                                                                                                    
Representatives Murkowski and Rokeberg moved and asked                                              
unanimous consent that they be allowed to abstain from voting due to                                
a conflict of interest.  Objection was heard, and the members were                                  
required to vote.                                                                                   
                                                                                                    
The question being:  "Shall CSHB 106(L&C) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 106(L&C) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  2   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, Kookesh, Kott, Lancaster,                                  
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Nays:  Kohring, Ogan                                                                                
                                                                                                    
Excused:  Masek                                                                                     
                                                                                                    
And so, CSHB 106(L&C) 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.                                    
                                                                                                    

2001-04-30                     House Journal                      Page 1410
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 106(L&C) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                                                                                                    
HB 108                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 108                                                                              
    "An Act relating to the accounting for and appropriation of fees                                
    for recording and related services by the Department of Natural                                 
    Resources; and providing for an effective date."                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 6DP 1NR                                                     608                            
 FN1: (DNR)                                                          608                            
 FIN RPT 10DP 1DNP                                                 1230                             
 FN1: (DNR)                                                        1231                             
                                                                                                    
                                                                                                    
**Representative Wilson had been previously excused from a call of                                  
the House (page 1397).                                                                              
                                                                                                    
Representative James moved and asked unanimous consent that                                         
HB 108 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 108 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 108 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 108                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  6   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    

2001-04-30                     House Journal                      Page 1411
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                               
Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule,                                   
Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                        
Morgan, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens,                                          
Whitaker, Williams                                                                                  
                                                                                                    
Nays:  Bunde, Dyson, James, Kohring, Ogan, Rokeberg                                                 
                                                                                                    
Excused:  Masek, Wilson                                                                             
                                                                                                    
James changed from "Yea" to "Nay".                                                                  
                                                                                                    
And so, HB 108 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 108 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                                                                                                    
HB 157                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 157                                                                              
    "An Act relating to trust companies and providers of fiduciary                                  
    services; amending Rules 6 and 12, Alaska Rules of Civil                                        
    Procedure, Rule 40, Alaska Rules of Criminal Procedure, and                                     
    Rules 204, 403, 502, 602, and 611, Alaska Rules of Appellate                                    
    Procedure; and providing for an effective date."                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 2DP 3NR                                        1089                             
 FN1: ZERO(CED)                                                    1090                             
 JUD RPT CS(JUD) NT 1DP 4NR                                        1231                             
 FN1: ZERO(CED)                                                    1232                             
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2001-04-30                     House Journal                      Page 1412
    CS FOR HOUSE BILL NO. 157(JUD)                                                                  
    "An Act relating to trust companies and providers of fiduciary                                  
    services; amending Rules 6 and 12, Alaska Rules of Civil                                        
    Procedure, Rule 40, Alaska Rules of Criminal Procedure, Rules                                   
    204, 403, 502, 602, and 611, Alaska Rules of Appellate                                          
    Procedure, and Rules 7.2 and 7.3, Alaska Rules of Professional                                  
    Conduct; and providing for an effective date."                                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 3, line 27, following "AS 21":                                                                 
 Insert "and is acting within the scope of that license"                                            
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
157(JUD) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSHB 157(JUD) am will advance to third                                      
reading on the May 1, 2001, calendar.                                                               
                                                                                                    
                                                                                                    
HB 228                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 228                                                                              
    "An Act relating to the offense of selling or giving tobacco to a                               
    minor, to the accounting of fees from business license                                          
    endorsements for tobacco products, to the disclosure of certain                                 
    confidential cigarette and tobacco product information, to                                      
    notification regarding a cigarette manufacturer's noncompliance                                 
    with the tobacco product Master Settlement Agreement, to                                        

2001-04-30                     House Journal                      Page 1413
    business license endorsements for sale of tobacco products, to                                  
    citations and penalties for illegal sales of tobacco products; and                              
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 5DP 1AM                                        1092                             
 FN1: ZERO(REV); FN2: (LAW)                                        1093                             
 FN3:(HSS); FN4:(CED)                                              1093                             
 JUD RPT CS(JUD) NT 1DP 3NR                                        1158                             
 FN1: ZERO(REV); FN2: (LAW)                                        1159                             
 FN3: (HSS); FN4: (CED)                                            1159                             
 FIN RPT CS(FIN) NT 11DP                                           1234                             
 FN1: ZERO(REV); FN2: (LAW)                                        1234                             
 FN4: (CED); FN5: FORTHCOMING                                      1234                             
 FN5: (HSS) RECEIVED                                               1286                             
                                                                                                    
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. 228(FIN)                                                                  
    "An Act relating to the accounting of fees from business license                                
    endorsements for tobacco products, to the disclosure of certain                                 
    confidential cigarette and tobacco product information, to                                      
    notification regarding a cigarette manufacturer's noncompliance                                 
    with the tobacco product Master Settlement Agreement, to                                        
    business license endorsements for sale of tobacco products, to                                  
    citations and penalties for illegal sales of tobacco products; and                              
    providing for an effective date."                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Hayes:                                                
                                                                                                    
Page 3, line 6:                                                                                     
 Delete "$100"                                                                                  
 Insert "$50"                                                                                   
                                                                                                    

2001-04-30                     House Journal                      Page 1414
Representative Hayes moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Harris objected.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 228(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  30   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Fate, Hayes, Kohring, Kookesh, Kott, Morgan, Moses, Ogan                                     
                                                                                                    
Nays:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Foster, Green, Guess, Halcro, Harris, Hudson, James,                                 
Joule, Kapsner, Kerttula, Lancaster, McGuire, Meyer, Mulder,                                        
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams                                    
                                                                                                    
Excused:  Masek, Wilson                                                                             
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
228(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
CSHB 228(FIN) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 228(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 228(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  3   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    

2001-04-30                     House Journal                      Page 1415
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies,                                 
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg,                                          
Scalzi, Stevens, Whitaker, Williams                                                                 
                                                                                                    
Nays:  Coghill, Kohring, Ogan                                                                       
                                                                                                    
Excused:  Masek, Wilson                                                                             
                                                                                                    
And so, CSHB 228(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.                                
                                                                                                    
CSHB 228(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Judiciary Committee                                                                                 
POSTPONED TO:                                                  2:00 p.m.                            
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House recess until 5:00 p.m.  There being no objection, the House                                   
recessed at 1:14 p.m.                                                                               
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 5:03 p.m.                                             
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
HB 260                                                                                            
The following was not taken up and will be on the May 1, 2001,                                      
calendar:                                                                                           

2001-04-30                     House Journal                      Page 1416
    HOUSE BILL NO. 260                                                                              
    "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                                   
    sewage; prohibiting the discharge of untreated sewage from the                                  
    vessels unless exempted; placing limits on discharges of treated                                
    sewage and graywater from the vessels unless exempted;                                          
    establishing a commercial passenger vessel coastal protection                                   
    fund; establishing a fee on commercial passenger vessels, that are                              
    not exempt from the fee, for each voyage during which the vessels                               
    operate in the marine waters of the state based on the overnight                                
    accommodation capacity of the vessels determined with reference                                 
    to the number of lower berths; establishing penalties for failure to                            
    comply with certain laws relating to the vessels; authorizing the                               
    Department of Environmental Conservation to encourage and                                       
    recognize superior environmental protection efforts related to                                  
    commercial passenger vessels; authorizing exemptions from some                                  
    laws relating to discharges from the vessels and from the fee                                   
    requirements related to the vessels; requiring a report from the                                
    Department of Environmental Conservation concerning matters                                     
    relating to the vessels; and providing for an effective date."                                  
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
The citations were not taken up and will be on the May 1, 2001,                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HJR 12                                                                                            
Representative Scalzi removed his name as cosponsor to:                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 12                                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to hunting, trapping, and fishing.                                                     
                                                                                                    
                                                                                                    

2001-04-30                     House Journal                      Page 1417
HB 43                                                                                             
Representatives Murkowski, Stevens, and Meyer added their names as                                  
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 43(FIN) am                                                                
    "An Act relating to forgiveness of certain student loans; and                                   
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
HB 53                                                                                             
Representative James added her name as cosponsor to:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 53(STA)                                                                   
    "An Act establishing the Alaska Seismic Hazards Safety                                          
    Commission."                                                                                    
                                                                                                    
                                                                                                    
HB 228                                                                                            
Representative Bunde added his name as cosponsor to:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 228(FIN)                                                                  
    "An Act relating to the accounting of fees from business license                                
    endorsements for tobacco products, to the disclosure of certain                                 
    confidential cigarette and tobacco product information, to                                      
    notification regarding a cigarette manufacturer's noncompliance                                 
    with the tobacco product Master Settlement Agreement, to                                        
    business license endorsements for sale of tobacco products, to                                  
    citations and penalties for illegal sales of tobacco products; and                              
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
                                                                                                    
HB 255                                                                                            
Representative Stevens added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 255                                                                              
    "An Act establishing the Statewide Suicide Prevention Council;                                  
    and providing for an effective date."                                                           
                                                                                                    
                                                                                                    

2001-04-30                     House Journal                      Page 1418
                              ENGROSSMENT                                                        
                                                                                                    
HB 4                                                                                              
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
    CS FOR HOUSE BILL NO.  4(FIN) am                                                                
    "An Act relating to motor vehicles and to operating a motor                                     
    vehicle, aircraft, or watercraft; and providing for an effective                                
    date."                                                                                          
                                                                                                    
HB 43                                                                                             
CSHB 43(FIN) am was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 51                                                                                             
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
    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."                                       
                                                                                                    
HB 53                                                                                             
CSHB 53(STA) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 106                                                                                            
CSHB 106(L&C) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 108                                                                                            
HB 108 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    

2001-04-30                     House Journal                      Page 1419
HB 132                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate with a House letter of intent for                                         
consideration:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 132(2d RLS)(efd am)                                                       
    "An Act relating to the possession, distribution, importation, and                              
    transportation of alcohol in a local option area; requiring liquor                              
    license applicants to submit fingerprints for the purpose of                                    
    conducting a criminal history background check, and relating to                                 
    the use of criminal justice information by the Alcoholic Beverage                               
    Control Board; relating to the offenses of operating a motor                                    
    vehicle, aircraft, or watercraft while intoxicated and refusal to take                          
    a breath test; relating to implied consent to take a chemical test;                             
    relating to presumptions arising from the amount of alcohol in a                                
    person's breath or blood; and providing for an effective date."                                
                                                                                                    
HB 228                                                                                            
CSHB 228(FIN) 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.                                 
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., May 1, 2001.  There being no                                        
objection, the House adjourned at 5:03 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk