Legislature(2001 - 2002)

2001-05-03 House Journal

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2001-05-03                     House Journal                      Page 1497
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Thursday                   May 3, 2001                           
                                                                                                    
                       One Hundred Sixteenth Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:08 a.m.                                                                                
                                                                                                    
Roll call showed 32 members present.  Representatives Berkowitz,                                    
Croft, Kookesh, Mulder, Murkowski, Ogan, Rokeberg, and Williams                                     
were absent and their presence was noted later.                                                     
                                                                                                    
The invocation was offered by Pastor Gary Waterhouse of the Juneau                                  
and Sitka Seventh-day Adventist Churches.  Representative Bunde                                     
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it appears below:                                           
                                                                                                    
    Lord, we are thankful that You provide us a refuge in the                                       
    midst of the tempests we often encounter on our journeys.                                       
    We have scars from fighting battles we never seem to win.                                       
    Refresh us and renew us, O God.  Grant us courage to stand                                      
    tall in the thick of the conflict and the grace to claim Your                                   
    forgiveness and healing love when we falter.  Lord, today we                                    
    would remember that we have nothing to fear for the future                                      
    except as we forget the ways that You have led us in the past.                                  
    And with You by our side we cannot fail.  Amen.                                                 
                                                                                                    
The Pledge of Allegiance was led by Representative Masek.                                           
                                                                                                    
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 115th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    

2001-05-03                     House Journal                      Page 1498
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HCR 10                                                                                            
A message dated May 2, 2001, was read stating the Senate has passed:                                
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 10                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 19,                                    
    relating to certain federal child support enforcement requirements,                             
    so that the phrase "relating to child support payments" may be                                  
    added to the bill's title.                                                                      
                                                                                                    
HCR 10 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
                                                                                                    
HJR 26                                                                                            
A message dated May 2, 2001, was read stating the Senate has passed:                                
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 26                                                                   
    Requesting the National Marine Fisheries Service to relocate the                                
    Alaska Fisheries Science Center Steller sea lion research team to                               
    Alaska.                                                                                         
                                                                                                    
HJR 26 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
                                                                                                    
HB 48                                                                                             
A message dated May 2, 2001, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 48(RES)                                                                   
    "An Act eliminating a requirement that a social security number                                 
    be provided by an applicant for certain hunting or sport fishing                                
    licenses, tags, and permits; eliminating a requirement that                                     
    applications for certain licenses and tags be sworn to by the                                   
    applicants before an officer authorized to administer oaths; and                                
    providing for an effective date."                                                               
                                                                                                    
CSHB 48(RES) was referred to the Chief Clerk for enrollment.                                        
                                                                                                    

2001-05-03                     House Journal                      Page 1499
HB 110                                                                                            
A message dated May 2, 2001, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 110(JUD)                                                                  
    "An Act relating to driver's licenses and instructional permits; and                            
    providing for an effective date."                                                               
                                                                                                    
CSHB 110(JUD) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 194                                                                                            
A message dated May 2, 2001, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 194(FIN)                                                                  
    "An Act relating to fees for commercial fishing licenses and                                    
    permits; and providing for an effective date."                                                  
                                                                                                    
CSHB 194(FIN) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HJR 27                                                                                            
A message dated May 2, 2001, was read stating the Senate has passed                                 
CSHJR 27(MLV) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                 
    27(STA)                                                                                         
    Supporting the erection of monuments in Alaska, Russia, and                                     
    Canada to commemorate the World War II lend-lease program                                       
    between the United States and the Union of Soviet Socialist                                     
    Republics.                                                                                      
                                                                                                    
CSHJR 27(MLV) is under Unfinished Business.                                                         
                                                                                                    
SB 19                                                                                             
A message dated May 2, 2001, was read stating the Senate has                                        
concurred in the House amendment to:                                                                
                                                                                                    
    CS FOR SENATE BILL NO. 19(HES)                                                                  
    "An Act relating to federal child support enforcement                                           
    requirements regarding social security number information,                                      
    employer reports about employees, and certain kinds of automated                                

2001-05-03                     House Journal                      Page 1500
    data matching with financial institutions; repealing the termination                            
    date of changes made by ch. 87, SLA 1997, and ch. 132, SLA                                      
    1998, regarding child support enforcement and related programs;                                 
    repealing the nonseverability provision of ch. 132, SLA 1998;                                   
    repealing uncodified laws relating to ch. 87, SLA 1997, and ch.                                 
    132, SLA 1998; and providing for an effective date."                                            
                                                                                                    
thus adopting,                                                                                      
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 19(HES)                                                     
    "An Act relating to federal child support enforcement                                           
    requirements regarding social security number information,                                      
    employer reports about employees, and certain kinds of automated                                
    data matching with financial institutions; relating to child support                            
    payments; repealing the termination date of changes made by ch.                                 
    87, SLA 1997, and ch. 132, SLA 1998, regarding child support                                    
    enforcement and related programs; repealing the nonseverability                                 
    provision of ch. 132, SLA 1998; repealing uncodified laws                                       
    relating to ch. 87, SLA 1997, and ch. 132, SLA 1998; and                                        
    providing for an effective date."                                                               
                                                                                                    
 (HCR 10 - title change resolution)                                                                 
                                                                                                    
HB 127                                                                                            
A message dated May 2, 2001, was read stating the Senate has failed                                 
to recede from its amendments to:                                                                   
                                                                                                    
    CS FOR HOUSE BILL NO. 127(RLS)                                                                  
    "An Act relating to aviation and to emergency equipment to be                                   
    carried on aircraft."                                                                           
                                                                                                    
namely,                                                                                             
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 127(TRA) am S                                               
    (same title)                                                                                    
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House to                                         
consider the bills:                                                                                 
                                                                                                    

2001-05-03                     House Journal                      Page 1501
 Senator Halford, Chair                                                                             
 Senator Taylor                                                                                     
 Senator Olson                                                                                      
                                                                                                    
The House members of the Conference Committee are Representatives                                   
Harris (Chair), Bunde, and Kerttula (page 1491).                                                    
                                                                                                    
                                                                                                    
A message dated May 2, 2001, was read stating the Senate has passed                                 
the following and it is transmitted for consideration:                                              
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 176                                                                                            
CS FOR SENATE BILL NO. 176(L&C) am by the Senate Labor &                                            
Commerce Committee, entitled:                                                                       
                                                                                                    
    "An Act prohibiting certain coercive activity by distributors;                                  
    relating to certain required distributor payments and purchases;                                
    prohibiting distributors from requiring certain contract terms as a                             
    condition for certain acts related to distributorship and ancillary                             
    agreements; allowing dealers to bring certain court actions against                             
    distributors for certain relief; and exempting from the provisions                              
    of the Act franchises regulated by the federal Petroleum                                        
    Marketing Practices Act, situations regulated by the Alaska                                     
    gasoline products leasing act, and distributorship agreements                                   
    relating to motor vehicles required to be registered under AS                                   
    28.10."                                                                                         
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
**The presence of Representative Kookesh was noted.                                                 
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 71                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    

2001-05-03                     House Journal                      Page 1502
    HOUSE BILL NO. 71                                                                               
    "An Act relating to the education of children with disabilities and                             
    of gifted children; relating to the Governor's Council on                                       
    Disabilities and Special Education; making conforming                                           
    amendments; and providing for an effective date."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 71(FIN)                                                                   
    "An Act relating to the education of children with disabilities and                             
    of gifted children; relating to the Governor's Council on                                       
    Disabilities and Special Education; and providing for an effective                              
    date."                                                                                          
                                                                                                    
The report was signed by Representatives Williams and Mulder, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (9):  Harris, Croft, Davies, Moses, Lancaster, Hudson, Foster,                              
Williams, Mulder                                                                                    
                                                                                                    
No recommendation (1):  Bunde                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 71(FIN):                                                 
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 71 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
SJR 30                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 30                                                                  
    Urging the United States Forest Service to acknowledge all of the                               
    rights of the state to rights-of-way to state highways that pass                                
    through federal land.                                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2001-05-03                     House Journal                      Page 1503
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 30(RES)                                                
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Scalzi, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Stevens, Chenault, Green, McGuire, Fate, Kapsner,                                     
Kerttula, Scalzi                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS SJR 30(RES):                                              
                                                                                                    
1.  Zero, Senate Rules Committee                                                                    
                                                                                                    
SJR 30 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 65                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 65(FIN)                                                                  
    "An Act requiring a study regarding equal pay for equal work of                                 
    certain state employees."                                                                       
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (9):  Bunde, Harris, Davies, Croft, Moses, Lancaster, Hudson,                               
Foster, Williams                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Fiscal, Senate Rules Committee/Dept. of Administration                                          
                                                                                                    
CSSB 65(FIN) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
                                                                                                    
SB 86                                                                                             
The Finance Committee has considered:                                                               

2001-05-03                     House Journal                      Page 1504
    CS FOR SENATE BILL NO. 86(FIN)                                                                  
    "An Act relating to employment of teachers who have subject-                                    
    matter expertise; and providing for an effective date."                                         
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Harris, Davies, Croft, Moses, Lancaster, Hudson, Foster,                              
Williams                                                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
CSSB 86(FIN) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
                                                                                                    
**The presence of Representatives Rokeberg and Ogan was noted.                                      
                                                                                                    
                                                                                                    
SB 151                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    SENATE BILL NO. 151                                                                             
    "An Act relating to the Bristol Bay Salmon Classic; and providing                               
    for an effective date."                                                                         
                                                                                                    
The report was signed by Representative Kott, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Porter, Joule, Kohring, Kott                                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
SB 151 was returned to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2001-05-03                     House Journal                      Page 1505
SB 193                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    CS FOR SENATE BILL NO. 193(FIN)                                                                 
    "An Act making a special appropriation to the Alaska Legislative                                
    Council for a study of the economic and social effects of the                                   
    permanent fund dividend on the state; and providing for an                                      
    effective date."                                                                                
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Wilson, Stevens, Fate, James, Coghill                                                 
                                                                                                    
No recommendation (2):  Crawford, Hayes                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Legislative Affairs Agency                                                              
                                                                                                    
CSSB 193(FIN) was referred to the Finance Committee.                                                
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HR 6                                                                                              
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE RESOLUTION NO. 6                                                                          
    Supporting the Cook Inlet Aquaculture Association's plan for                                    
    enhancement and rehabilitation of Cook Inlet fisheries.                                         
                                                                                                    
The report was signed by Representatives Wilson and Stevens, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Dyson, Coghill, Scalzi, Kapsner, Kerttula, Wilson,                                    
Stevens                                                                                             
                                                                                                    

2001-05-03                     House Journal                      Page 1506
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Special Committee on Fisheries                                                      
                                                                                                    
HR 6 was referred to the Rules Committee for placement on the                                       
calendar.                                                                                           
                                                                                                    
SJR 27                                                                                            
The House Special Committee on Military and Veterans' Affairs has                                   
considered:                                                                                         
                                                                                                    
    SENATE JOINT RESOLUTION NO. 27                                                                  
    Relating to an Alaska National Guard Armory in Juneau.                                          
                                                                                                    
The report was signed by Representative Chenault, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kott, Hayes, Cissna, Chenault                                                         
                                                                                                    
No recommendation (1):  Green                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Senate State Affairs Committee                                                            
                                                                                                    
SJR 27 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Galen Knobbe                                                                             
By Representative James                                                                             
                                                                                                    
Honoring - Dr. Claus-M. Naske, Professor of History, University of                                  
Alaska Fairbanks                                                                                    
By Representative Davies                                                                            
                                                                                                    

2001-05-03                     House Journal                      Page 1507
Honoring - Greater Friendship Baptist Church 50th Anniversary                                       
By Senator Davis                                                                                    
                                                                                                    
Honoring - Jerry L. Brady, P.E., Engineer of the Year                                               
By Senator Leman                                                                                    
                                                                                                    
In Memoriam - Mary K. Bickel                                                                        
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Mary Margaret Canaday Nash                                                            
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Henry Taft McGahan                                                                    
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Kathlyn "Kay" Pippel                                                                  
By Representative Ogan; Senator Green                                                               
                                                                                                    
In Memoriam - Joseph Galath                                                                         
By Representatives Coghill, James, Fate; Senator Therriault                                         
                                                                                                    
In Memoriam - James Richard Paul Clinton                                                            
By Senator Leman                                                                                    
                                                                                                    
**The presence of Representatives Berkowitz and Murkowski was                                       
noted.                                                                                              
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 241                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 241                                                                              
    "An Act relating to a railroad utility corridor for extension of the                            
    Alaska Railroad to Canada and to extension of the Alaska                                        
    Railroad to Whitehorse, Yukon Territory, Canada."                                               
                                                                                                    

2001-05-03                     House Journal                      Page 1508
with the:                                                   Journal Page                            
                                                                                                    
 TRA RPT 3DP 1NR                                                     1197                           
 FN1: ZERO(CED)                                                      1198                           
 RES RPT CS(RES) NT 4DP 1AM                                          1306                           
 FN1: ZERO(CED)                                                      1307                           
                                                                                                    
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. 241(RES)                                                                  
    "An Act relating to a railroad utility corridor for extension of the                            
    Alaska Railroad to Canada and to extension of the Alaska                                        
    Railroad to Whitehorse, Yukon, Canada."                                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered by Representative Kerttula:                                             
                                                                                                    
Page 3, lines 6 - 8:                                                                                
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative James objected.                                                                      
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 241(RES)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  24   EXCUSED:  0   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess,                                    
Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses                                                     
                                                                                                    

2001-05-03                     House Journal                      Page 1509
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Harris, Hudson,                               
James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                     
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Wilson                                                                                              
                                                                                                    
Absent:  Halcro, Mulder, Williams                                                                   
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative James moved and asked unanimous consent that CSHB                                    
241(RES) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
The Speaker stated that CSHB 241(RES) will advance to third reading                                 
on the May 4, 2001, calendar.                                                                       
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 81                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 81                                                                              
    "An Act relating to the nonademption of property transfers; and                                 
    providing for an effective date."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT 4DP 1NR                                                     1118                           
 FN1: ZERO(LAW)                                                      1119                           
                                                                                                    
Representative James moved and asked unanimous consent that SB 81                                   
be considered engrossed, advanced to third reading, and placed on                                   
final passage.                                                                                      
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that SB 81 will advance to third reading on the                                  
May 4, 2001, calendar.                                                                              
                                                                                                    

2001-05-03                     House Journal                      Page 1510
SB 88                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 88                                                                              
    "An Act relating to metropolitan planning organizations and to                                  
    establishment of a metropolitan planning organization for the                                   
    Anchorage metropolitan area; and providing for an effective date."                              
                                                                                                    
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 TRA RPT 1DP 2DNP 1NR 1AM                                            1200                           
 FN1: ZERO(DOT)                                                      1200                           
 CRA RPT 6NR                                                         1426                           
 FN1: ZERO(DOT)                                                      1427                           
                                                                                                    
                                                                                                    
Amendment No. 1 was offered by Representative Croft:                                                
                                                                                                    
Page 2, lines 8 - 9:                                                                                
 Delete "whose district is located partially or wholly"                                             
 Insert "who is elected from a district, of which more than 50                                      
percent is located"                                                                                 
                                                                                                    
Page 2, lines 13 - 14:                                                                              
 Delete "whose district is located partially or wholly"                                             
 Insert "who is elected from a district, of which more than 50                                      
percent is located"                                                                                 
                                                                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Kott objected.                                                                       
                                                                                                    
**The presence of Representative Mulder was noted.                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                

2001-05-03                     House Journal                      Page 1511
                                                                                                    
SB 88                                                                                               
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  21   NAYS:  18   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Guess,                                    
Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Masek,                                    
McGuire, Morgan, Moses, Murkowski, Porter, Scalzi                                                   
                                                                                                    
Nays:  Chenault, Coghill, Dyson, Fate, Foster, Green, Harris, James,                                
Kohring, Kott, Lancaster, Meyer, Mulder, Ogan, Rokeberg, Stevens,                                   
Whitaker, Wilson                                                                                    
                                                                                                    
Absent:  Williams                                                                                   
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
Representative James moved and asked unanimous consent that SB 88                                   
am H be considered engrossed, advanced to third reading, and placed                                 
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
SB 88 am H was read the third time.                                                                 
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
The question being:  "Shall SB 88 am H pass the House?"  The roll                                   
was taken with the following result:                                                                
                                                                                                    
SB 88 am H                                                                                          
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  22   NAYS:  18   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dyson, Fate, Foster, Green, Harris, Hudson,                               
James, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Ogan,                                      
Porter, Rokeberg, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Nays:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Guess,                                    
Halcro, Hayes, Joule, Kapsner, Kerttula, Kookesh, Masek, Morgan,                                    
Moses, Murkowski, Scalzi                                                                            
                                                                                                    
And so, SB 88 am H passed the House.                                                                

2001-05-03                     House Journal                      Page 1512
Representative James moved the effective date clause.                                               
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
SB 88 am H                                                                                          
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  28   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Crawford, Dyson, Fate, Foster,                                     
Green, Harris, Hudson, James, Joule, Kohring, Kott, Lancaster,                                      
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter,                                     
Rokeberg, Stevens, Whitaker, Williams, Wilson                                                       
                                                                                                    
Nays:  Berkowitz, Cissna, Croft, Davies, Guess, Halcro, Hayes,                                      
Kapsner, Kerttula, Kookesh, Moses, Scalzi                                                           
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative Berkowitz gave notice of reconsideration of his vote on                              
SB 88 am H.                                                                                         
                                                                                                    
SB 166                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 166                                                                             
    "An Act relating to the time of filling by appointment a vacancy in                             
    the office of United States senator."                                                           
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT 4DP 1DNP                                                    1358                           
 FN1: ZERO(GOV)                                                      1358                           
                                                                                                    
Amendment No. 1 was offered by Representative Croft:                                                
                                                                                                    
Page 2, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
   "* Sec. 2.  AS 15.40.010 is amended by adding a new subsection to                              
read:                                                                                               

2001-05-03                     House Journal                      Page 1513
     (b) The five-day waiting period in (a) of this section does not                                
    apply when the person who vacates the office of United States                                   
    senator has been elected as governor."                                                          
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Kott objected.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 166                                                                                              
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  27   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Nays:  Bunde, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris,                                  
Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                     
Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi,                                          
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Absent:  Chenault                                                                                   
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered by Representative Croft:                                                
                                                                                                    
Page 1, line 2, following "senator" (title amendment):                                            
 Insert ", and providing for an effective date"                                                   
                                                                                                    
Page 2, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
 "*Sec. 2.  This Act takes effect July 1, 2003."                                                  
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Kott objected.                                                                       

2001-05-03                     House Journal                      Page 1514
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 166                                                                                              
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  12   NAYS:  27   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Nays:  Bunde, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris,                                  
Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                     
Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi,                                          
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Absent:  Chenault                                                                                   
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 1, following "filling" (title amendment):                                            
    Delete "by appointment"                                                                       
                                                                                                    
Page 1, line 4, through page 2, line 3:                                                             
    Delete all material.                                                                            
    Insert new bill sections to read:                                                               
   "* Section 1. AS 15.40.010 is amended to read:                                                 
     *Sec. 15.40.010. Condition [CONDITIONS] and time of                                        
    calling special election [FILLING VACANCY BY                                                
    APPOINTMENT]. When a vacancy occurs in the office of                                          
    United States senator, the governor [, WITHIN 30 DAYS,] shall,                                  
    by proclamation and subject to AS 15.40.050, call a special                                   
    election to be held on a date not less than 60 nor more than 90                               
    days after the date the vacancy occurs [APPOINT A                                             
    QUALIFIED PERSON TO FILL THE VACANCY]. However, if                                              
    the [REMAINDER OF THE TERM OF THE PREDECESSOR IN                                                
    OFFICE WILL EXPIRE OR IF THE] vacancy occurs on a date                                      
    that is less than 180 but more than 60 days before the date of                              
    the primary election for the office [WILL BE FILLED BY A                                    
    SPECIAL  ELECTION  BEFORE  THE  SENATE  WILL  NEXT                                              

2001-05-03                     House Journal                      Page 1515
                                                                                                    
    MEET, CONVENE, OR RECONVENE], the governor may not                                              
    call a special election [FILL THE VACANCY].                                                 
   * Sec. 2. AS 15.40.050 is amended to read:                                                     
     Sec. 15.40.050. Date of special election. The special election                               
    to fill the vacancy shall be held on the date of the first                                      
    [GENERAL] election, whether primary or general, [WHICH IS                                   
    HELD MORE THAN THREE FULL CALENDAR MONTHS]                                                      
    after the vacancy occurs if the vacancy occurs on a date that is                            
    less than 180 but more than 60 days before                                                  
           (1) a primary election, other than the primary                                       
         election for the office; or                                                            
           (2) a general election.                                                              
   * Sec. 3. AS 15.40.060 is amended to read:                                                     
     Sec. 15.40.060. Proclamation of special election. The                                        
    governor shall issue the proclamation calling the special election                              
    at least 50 [80] days before the election.                                                  
   * Sec. 4. AS 15.40 is amended by adding a new section to read:                                 
     Sec. 15.40.075. Date of nominations. Candidates for the                                      
    special election shall be nominated by petition transmitted to the                              
    director before the 21st day after the vacancy occurs by                                        
           (1) the actual physical delivery of the petition in                                      
         person;                                                                                    
           (2) mail postmarked not later than midnight of that                                      
         date; or                                                                                   
           (3) telegram of a copy in substance of the statements                                    
         made in the petition.                                                                      
   * Sec. 5. AS 15.40.030, 15.40.040, 15.40.080, and 15.40.090 are                                
repealed.                                                                                           
   * Sec. 6. This Act takes effect immediately under AS 01.10.070 (c)."                           
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
                                                                                                    
Representative Kott objected.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                

2001-05-03                     House Journal                      Page 1516
                                                                                                    
SB 166                                                                                              
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  12   NAYS:  27   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire,                                    
Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi,                                   
Stevens, Whitaker, Wilson                                                                           
                                                                                                    
Absent:  Williams                                                                                   
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 4 was offered by Representative Berkowitz:                                            
                                                                                                    
Page 1, lines 9 - 13:                                                                               
 Delete all material.                                                                               
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
                                                                                                    
Representative Kott objected.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 166                                                                                              
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  12   NAYS:  28   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    

2001-05-03                     House Journal                      Page 1517
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire,                                    
Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi,                                   
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
Representative James moved and asked unanimous consent that                                         
SB 166 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The Speaker stated that SB 166 will advance to third reading on the                                 
May 4, 2001, calendar.                                                                              
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Valdez High Academic Decathlon Team, First in 3A                                         
Division - 3rd in State                                                                             
By Representatives Harris, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess,                                
Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                           
Murkowski, Rokeberg, Stevens, Whitaker, Williams, Wilson; Senator                                   
Lincoln                                                                                             
                                                                                                    
Honoring - Valdez Centennial                                                                        
By Representatives Harris, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green,                               
Guess, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                      
Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                           
Murkowski, Rokeberg, Stevens, Whitaker, Williams, Wilson                                            
                                                                                                    

2001-05-03                     House Journal                      Page 1518
Honoring - Brent Leo Schaeffer, Eagle Scout                                                         
By Senator Phillips; Representatives Porter, Berkowitz, Bunde,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder,                                         
Murkowski, Rokeberg, Stevens, Williams, Wilson                                                      
                                                                                                    
                                                                                                    
In Memoriam - Rita Oney                                                                             
By Representatives McGuire, Porter, Berkowitz, Bunde, Chenault,                                     
Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro,                                
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                        
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
                                                                                                    
In Memoriam - Monsignor John A. Lunney                                                              
By Representatives Mulder, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess,                               
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                               
Lancaster, McGuire, Meyer, Morgan, Murkowski, Rokeberg, Scalzi,                                     
Stevens, Williams, Wilson                                                                           
                                                                                                    
                                                                                                    
In Memoriam - Walter O. Sinn                                                                        
By Representatives Fate, Porter, Berkowitz, Bunde, Chenault, Cissna,                                
Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro,                                     
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski,                                         
Rokeberg, Scalzi, Whitaker, Stevens, Williams, Wilson                                               
                                                                                                    
                                                                                                    
In Memoriam - Clarence LaMay                                                                        
By Senator Phillips; Representatives Porter, Berkowitz, Bunde,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                
Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                 
Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson                                              
                                                                                                    
                                                                                                    

2001-05-03                     House Journal                      Page 1519
In Memoriam - Milton Leonard Daugherty                                                              
By Senator Phillips; Representatives Porter, Berkowitz, Bunde,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                
Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                 
Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson                                              
                                                                                                    
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HJR 27                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 1499) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 27(MLV)                                                       
    Supporting the erection of monuments in Alaska, Russia, and                                     
    Canada to commemorate the World War II lend-lease program                                       
    between the United States and the Union of Soviet Socialist                                     
    Republics.                                                                                      
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                 
    27(STA)                                                                                         
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to CSHJR 27(MLV), thus adopting SCS CSHJR 27(STA),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that she                                  
be allowed to abstain from voting due to a conflict of interest.                                    
Objection was heard, and Representative Kerttula was required to                                    
vote.                                                                                               
                                                                                                    
                                                                                                    

2001-05-03                     House Journal                      Page 1520
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHJR 27(MLV)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHJR 27(STA)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder,                                            
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Williams, Wilson                                                                                    
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHJR 27(STA).                                                                                  
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
SCS CSHJR 27(STA) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 225                                                                                            
Representative Halcro added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 225                                                                              
    "An Act relating to municipal taxation of alcoholic beverages and                               
    increasing the alcoholic beverage tax rates."                                                   
                                                                                                    
HB 241                                                                                            
Representatives Morgan and Davies added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 241(RES)                                                                  
    "An Act relating to a railroad utility corridor for extension of the                            
    Alaska Railroad to Canada and to extension of the Alaska                                        
    Railroad to Whitehorse, Yukon, Canada."                                                         

2001-05-03                     House Journal                      Page 1521
SB 65                                                                                             
Representative Chenault added his name as cross sponsor to:                                         
                                                                                                    
    CS FOR SENATE BILL NO. 65(FIN)                                                                  
    "An Act requiring a study regarding equal pay for equal work of                                 
    certain state employees."                                                                       
                                                                                                    
SB 88                                                                                             
Representative Rokeberg added his name as cross sponsor to:                                         
                                                                                                    
    SENATE BILL NO. 88 am H                                                                         
    "An Act relating to metropolitan planning organizations and to                                  
    establishment of a metropolitan planning organization for the                                   
    Anchorage metropolitan area; and providing for an effective date."                              
                                                                                                    
                                                                                                    
                             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 4, 2001.  There being no                                        
objection, the House adjourned at 11:27 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk