Legislature(2001 - 2002)
2001-05-08 House Journal
Full Journal pdf2001-05-08 House Journal Page 1703 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday May 8, 2001 One Hundred Twenty-first Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:13 a.m. Roll call showed 37 members present. Representatives Masek, Mulder, and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative McGuire. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Heavenly Father, on this, the last day of session, I ask You to bless these men and women who govern in the State of Alaska. Put Your wisdom and truth into our hearts and minds. Place in each one of us a love for our fellow man that will allow us to govern with kindness and true justice for all. Where there has been strife, bring peace. Where there has been disagreement, impart Your wisdom and bring us compromise that will serve the needs of every Alaskan. I pray that Your will and Your love will prevail throughout all our deliberations and debate. Please empower us as guardians of this state to provide a rich future for this great land so that our children may be afforded the same opportunities that we have had. As we close out this session, let us be thankful to our families, our staff, and our neighbors who have stood beside us and helped us to be better lawmakers. Let us remember to pause and reflect on the good work we have all done this session, and to give us the strength as we move 2001-05-08 House Journal Page 1704 through these final hours with respect for our colleagues even in the face of disagreement. Let there be a spirit of unity and cooperation in this room, and in these halls, and may that spirit be rooted in the truth. In the name of our Lord Jesus Christ I pray. Amen. The Pledge of Allegiance was led by Representative Scalzi. MESSAGES FROM THE GOVERNOR SB 93 A message dated May 7, 2001, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 93(FIN) am H "An Act relating to the Arctic Winter Games Team Alaska trust; and providing for an effective date." Chapter No. 21, SLA 2001 Effective Date: July 1, 2001 MESSAGES FROM THE SENATE HB 49 A message dated May 7, 2001, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 49(FIN) "An Act extending the termination date of the Board of Parole; and providing for an effective date." CSHB 49(FIN) was referred to the Chief Clerk for enrollment. HB 71 A message dated May 7, 2001, was read stating the Senate has passed: 2001-05-08 House Journal Page 1705 CS FOR HOUSE BILL NO. 71(FIN) am "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." CSHB 71(FIN) am was referred to the Chief Clerk for enrollment. HB 108 A message dated May 7, 2001, was read stating the Senate has passed: HOUSE BILL NO. 108 "An Act relating to the accounting for and appropriation of fees for recording and related services by the Department of Natural Resources; and providing for an effective date." HB 108 was referred to the Chief Clerk for enrollment. HB 179 A message dated May 7, 2001, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 179(FIN) "An Act relating to underage drinking and drug offenses; and providing for an effective date." CSHB 179(FIN) was referred to the Chief Clerk for enrollment. HB 185 A message dated May 7, 2001, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 185(FIN) "An Act relating to fees for certain uses of state water, other than fees for traveling upon state water, and to the accounting and appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date." CSHB 185(FIN) was referred to the Chief Clerk for enrollment. 2001-05-08 House Journal Page 1706 HB 204 A message dated May 7, 2001, was read stating the Senate has passed: HOUSE BILL NO. 204 "An Act relating to the Alaska Commission on Postsecondary Education and the Alaska Student Loan Corporation; relating to student financial aid programs and the financing of those programs; establishing the Alaska Advantage Loan Program and the Alaska Supplemental Education Loan Program; increasing the bonding authorization of the Alaska Student Loan Corporation; providing for liens resulting from a default under AS 14.43 or AS 14.44; relating to the duties of the recorder regarding those liens; relating to defaults under the Western Regional Higher Education Compact; relating to the prohibition on discrimination regarding programs under AS 14.43; relating to fees for the review of certain postsecondary institutions; making conforming amendments; and providing for an effective date." HB 204 was referred to the Chief Clerk for enrollment. HB 214 A message dated May 7, 2001, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 214(L&C) "An Act relating to a civil action against a person under 21 years of age who enters premises where alcohol is sold or consumed." CSHB 214(L&C) was referred to the Chief Clerk for enrollment. HB 230 A message dated May 7, 2001, was read stating the Senate has passed: HOUSE BILL NO. 230 "An Act relating to wage and hour protections for employees of the Alaska Railroad Corporation; and providing for an effective date." HB 230 was referred to the Chief Clerk for enrollment. 2001-05-08 House Journal Page 1707 HCR 17 A message dated May 7, 2001, was read stating the Senate has passed CSHCR 17(RES) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(JUD) Expressing the legislature's support for sale of a portion of Alaska's North Slope natural gas for electrical generation to power data centers within the North Slope Borough. CSHCR 17(RES) is under Unfinished Business. HJR 23 A message dated May 7, 2001, was read stating the Senate has passed CSHJR 23(STA) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) Advocating the retention of the electoral college system in its present form. CSHJR 23(STA) is under Unfinished Business. HB 101 A message dated May 7, 2001, was read stating the Senate has passed CSHB 101(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 101(HES) "An Act relating to charter schools; and providing for an effective date." CSHB 101(FIN) is under Unfinished Business. HB 115 A message dated May 7, 2001, was read stating the Senate has passed: 2001-05-08 House Journal Page 1708 CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date." (SCR 19 - title change resolution) CSHB 115(HES) is under Unfinished Business. HB 132 A message dated May 7, 2001, was read stating the Senate has passed CSHB 132(2d RLS)(efd am) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 132(FIN) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." The Senate adopted the legislative letter of intent (page 1372). 2001-05-08 House Journal Page 1709 CSHB 132(2d RLS)(efd am) is under Unfinished Business. HB 172 A message dated May 7, 2001, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 172(FIN) am "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." (technical title change) CSHB 172(FIN) am is under Unfinished Business. **The presence of Representative Masek was noted. HB 184 A message dated May 7, 2001, was read stating the Senate has passed CSHB 184(JUD) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 184(JUD) "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date." CSHB 184(JUD) am is under Unfinished Business. HB 193 A message dated May 7, 2001, was read stating the Senate has passed CSHB 193(FIN) with the following amendment and it is transmitted for consideration: 2001-05-08 House Journal Page 1710 SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) "An Act relating to the primary election and to the nomination of candidates for the general election; and providing for an effective date." CSHB 193(FIN) is under Unfinished Business. HB 242 A message dated May 7, 2001, was read stating the Senate has passed CSHB 242(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN) "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." CSHB 242(FIN) is under Unfinished Business. A message dated May 7, 2001, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 by the Senate Health, Education & Social Services Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 115, relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician 2001-05-08 House Journal Page 1711 assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication. was read the first time and taken up later as a Special Order of Business. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Bruce Gifford By Representatives Hudson, Kerttula; Senator Elton Honoring - Mat-Su School District's SeeUOnline Program By Representative Masek Honoring - Billy McCann By Representative Kapsner Honoring - Reverend Doctor Michael Oleksa By Representative Kapsner Honoring - USS Ticonderoga Veterans' Association By Representative Cissna Recognizing - Whittier Access Project, American Society of Civil Engineers', 2001 Outstanding Civil Engineering Achievement Award By Senator Leman Honoring - Jessica Thygeson By Senator Green In Memoriam - Harold James John Sipary By Representative Joule In Memoriam - Scott Dull, M.D. By Senator Ellis 2001-05-08 House Journal Page 1712 In Memoriam - Elmer Edwin Rasmuson By Senator Leman; Representative Berkowitz In Memoriam - Jessie Withrow By Senator Ellis INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 273 HOUSE BILL NO. 273 by Representatives James and Rokeberg, entitled: "An Act relating to the airports in Anchorage, Fairbanks, and Cold Bay, and establishing the Alaska Airport Authority; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. HB 274 HOUSE BILL NO. 274 by Representative Coghill, entitled: "An Act relating to workers' compensation; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. HB 275 HOUSE BILL NO. 275 by Representative Lancaster, entitled: "An Act relating to the use of broadcasting to promote charitable gaming activities." was read the first time and referred to the State Affairs Committee. 2001-05-08 House Journal Page 1713 CONSIDERATION OF THE DAILY CALENDAR SENATE BILLS IN SECOND READING SB 176 The Speaker stated that, without objection, the following which had been held in second reading from the May 7, 2001, calendar (page 1652), would be returned to the Rules Committee: HOUSE CS FOR CS FOR SENATE BILL NO. 176(JUD) am H(efd add H) "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, distributorship agreements relating to motor vehicles required to be registered under AS 28.10, and certain manufacturers; and providing for an effective date." THIRD READING OF SENATE BILLS SB 133 The following, which was advanced to third reading from the May 7, 2001, first supplemental calendar (page 1662), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 133(RLS) "An Act relating to a two-year transition for implementation of the public high school competency examination and to establishing a secondary student competency examination as a high school graduation requirement; relating to certain reports regarding academic performance of schools; and providing for an effective date." 2001-05-08 House Journal Page 1714 **The presence of Representatives Mulder and Williams was noted. The question being: "Shall HCS CSSB 133(RLS) pass the House?" The roll was taken with the following result: HCS CSSB 133(RLS) Third Reading Final Passage 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, HCS CSSB 133(RLS) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Rules Committee submitted the following updated fiscal note: 2. Fiscal, Dept. of Education & Early Development HCS CSSB 133(RLS) was referred to the Chief Clerk for engrossment. RECONSIDERATION HCR 14 Representative Berkowitz brought up reconsideration of the vote on HCR 14 (page 1668). The following was again before the House in third reading: HOUSE CONCURRENT RESOLUTION NO. 14 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of 2001-05-08 House Journal Page 1715 the Alaska State Legislature, concerning Senate Bill No. 133, relating to high school competency testing. The question to be reconsidered: "Shall HCR 14 pass the House?" The roll was taken with the following result: HCR 14--RECONSIDERATION Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Rokeberg And so, HCR 14 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS (continued) SB 137 The following, which was advanced to third reading from the May 7, 2001, calendar (page 1632), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 137(FIN) "An Act relating to the allocation of money appropriated to the Alaska Human Resource Investment Council; and providing for an effective date." The question being: "Shall HCS CSSB 137(FIN) pass the House?" The roll was taken with the following result: 2001-05-08 House Journal Page 1716 HCS CSSB 137(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Rokeberg And so, HCS CSSB 137(FIN) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 137(FIN) was referred to the Chief Clerk for engrossment. SB 145 The following, which was advanced to third reading from the May 7, 2001, calendar (page 1633), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 145(FIN) "An Act relating to regional and village public safety officers; relating to the expansion of the village public safety officer program to include the provision of probation and parole supervision services; and relating to retirement benefits for village public safety officers; and providing for an effective date." The question being: "Shall HCS CSSB 145(FIN) pass the House?" The roll was taken with the following result: 2001-05-08 House Journal Page 1717 HCS CSSB 145(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Rokeberg And so, HCS CSSB 145(FIN) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 145(FIN) was referred to the Chief Clerk for engrossment. SB 152 The following, which was advanced to third reading from the May 7, 2001, calendar (page 1635), was read the third time: HOUSE CS FOR SENATE BILL NO. 152(FIN) "An Act relating to the handling of and interest on contract controversies involving the Department of Transportation and Public Facilities or state agencies to whom the Department of Transportation and Public Facilities delegates the responsibility for handling the controversies." Representative McGuire moved and asked unanimous consent that HCS SB 152(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. 2001-05-08 House Journal Page 1718 Representative Williams objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 1 was offered by Representative McGuire: Page 2, line 13, following "AS 36.30.620(b)": Insert ", except that a contractor may increase the contractor's calculation of damages if the increase arises out of the same operative facts on which the original claim was based" Representative McGuire moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall HCS SB 152(FIN) am H pass the House?" The roll was taken with the following result: HCS SB 152(FIN) am H Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Hudson, Morgan, Moses And so, HCS SB 152(FIN) am H passed the House and was referred to the Chief Clerk for engrossment. SB 174 The following, which was advanced to third reading from the May 7, 2001, first supplemental calendar (page 1667), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 174(FIN) "An Act establishing a base student allocation for purposes of determining education funding in the amount of $4,010; providing 2001-05-08 House Journal Page 1719 that only 50 percent of the annual increase in assessed value may be included for purposes of calculating the required contribution to education from a city or borough school district; providing that a community with at least 101 students but not more than 425 students in average daily membership is counted as one elementary and one secondary school, and that, in a community with more than 425 students in average daily membership, each facility administered as a separate school, except certain alternative schools, is counted as a school; and providing for an effective date." The question being: "Shall HCS CSSB 174(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 174(FIN) Third Reading Final Passage YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Chenault, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Coghill, Davies, Joule, Kapsner, Kerttula, Kohring, Kookesh, Moses, Ogan And so, HCS CSSB 174(FIN) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 174(FIN) was referred to the Chief Clerk for engrossment. SB 193 The following, which was advanced to third reading from the May 7, 2001, calendar (page 1637), was read the third time: 2001-05-08 House Journal Page 1720 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 question being: "Shall CSSB 193(FIN) pass the House?" The roll was taken with the following result: CSSB 193(FIN) Third Reading Final Passage YEAS: 25 NAYS: 7 EXCUSED: 0 ABSENT: 8 Yeas: Cissna, Crawford, Croft, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kookesh, Lancaster, Masek, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Coghill, Davies, Dyson, Kerttula, Kohring, Kott, Ogan Absent: Berkowitz, Bunde, Chenault, Kapsner, McGuire, Moses, Mulder, Williams And so, CSSB 193(FIN) passed the House. 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: CSSB 193(FIN) Third Reading Effective Date YEAS: 32 NAYS: 0 EXCUSED: 0 ABSENT: 8 Yeas: Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, Meyer, Morgan, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson 2001-05-08 House Journal Page 1721 Absent: Berkowitz, Bunde, Chenault, Kapsner, McGuire, Moses, Mulder, Williams And so, the effective date clause was adopted. CSSB 193(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. RECONSIDERATION SB 105 Representative Croft brought up reconsideration of the vote on HCS CSSB 105(FIN) (page 1631). Representative Croft placed a call of the House and lifted the call. The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to the crime victim's choice to appear or testify in a criminal case; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; relating to restitution for criminal and delinquency acts; authorizing the state to collect restitution on behalf of victims of crime and delinquent acts and the release of certain information related to that collection; relating to the forfeiture of certain cash and other security for payment of other restitution; relating to access by the Violent Crimes Compensation Board to certain records regarding delinquency acts to award compensation to victims; relating to immunity for damages related to certain collections of restitution; amending Rule 82, Alaska Rules of Civil Procedure, Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rules 402 and 501, Alaska Rules of Evidence; and providing for an effective date." The question to be reconsidered: "Shall HCS CSSB 105(FIN) pass the House?" The roll was taken with the following result: 2001-05-08 House Journal Page 1722 HCS CSSB 105(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Mulder Absent: Berkowitz, Kookesh, Williams And so, HCS CSSB 105(FIN) passed the House on reconsideration. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. HCS CSSB 105(FIN) was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would revert to: INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 276 HOUSE BILL NO. 276 by Representative Wilson, entitled: "An Act relating to nursing, nurses, and nurse aides." was read the first time and referred to the Labor & Commerce and Health, Education & Social Services Committees. 2001-05-08 House Journal Page 1723 The Speaker stated that, without objection, the House would recess; and so, the House recessed at 12:04 p.m. AFTER RECESS The Speaker called the House back to order at 1:30 p.m. CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF SENATE BILLS SB 218 The following, which was advanced to third reading from the May 7, 2001, first supplement calendar (page 1667), was read the third time: CS FOR SENATE BILL NO. 218(TRA) am "An Act relating to international airports revenue bonds and requiring that the spending plan for the International Airports Construction Fund include information about the amounts spent during the previous fiscal year for cost overruns on certain projects and the identification of time delays on certain projects; relating to customer facility charges to fund facilities in airports to be constructed without using international airport revenue bonds; and providing for an effective date." Representative Hayes placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall CSSB 218(TRA) am pass the House?" The roll was taken with the following result: CSSB 218(TRA) am Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2001-05-08 House Journal Page 1724 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, CSSB 218(TRA) am passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 218(TRA) am was signed by the Speaker and Chief Clerk and returned to the Senate. SENATE BILLS IN THIRD READING SB 29 The Speaker stated that, without objection, the following, which had been held in third reading from the May 7, 2001, calendar (page 1638), would be moved to the bottom of the calendar: HOUSE CS FOR CS FOR SENATE BILL NO. 29(FIN) "An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." HOUSE RESOLUTIONS IN SECOND READING HCR 19 The Speaker stated that, without objection, the following, which had been held in second reading from the May 7, 2001, calendar (page 1652), would be returned to the Rules Committee: 2001-05-08 House Journal Page 1725 HOUSE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 176; 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. THIRD READING OF SENATE RESOLUTIONS SJR 28 The following, which was advanced to third reading from the May 7, 2001, calendar (page 1644), was read the third time: CS FOR SENATE JOINT RESOLUTION NO. 28(HES) Urging dissemination of information about the costs of long-term care services and the availability of long-term care insurance for individuals. Representative Hayes moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Hayes was required to vote. The question being: "Shall CSSJR 28(HES) pass the House?" The roll was taken with the following result: CSSJR 28(HES) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2001-05-08 House Journal Page 1726 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, CSSJR 28(HES) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. LEGISLATIVE CITATIONS Representative James moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Archbishop Francis Hurley, An Alaskan - A Priest - A Servant By Representatives Murkowski, Harris, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson In Memoriam - James S. Hickman By Representatives Berkowitz, Porter, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Claude L. Gabbett By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson 2001-05-08 House Journal Page 1727 In Memoriam - Earl Cook By Representatives Fate, James, Coghill, Whitaker, Hayes, Davies, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Dyson, Foster, Guess, Halcro, Harris, Hudson, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senators Wilken, Therriault, Kelly In Memoriam - Bill Besser By Senator Phillips; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Emil Dolchok By Senator Ward; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Hugh Malone By Senators Elton, Lincoln; Representatives Kerttula, Hudson, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson RECONSIDERATION SB 72 Representative James brought up reconsideration of the vote on HCS CSSB 72(RES) (page 1639). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 72(RES) "An Act relating to 'take-a-child-hunting' seasons for big game." 2001-05-08 House Journal Page 1728 The question to be reconsidered: "Shall HCS CSSB 72(RES) pass the House?" The roll was taken with the following result: HCS CSSB 72(RES)--RECONSIDERATION Third Reading Final Passage YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Stevens, Whitaker, Williams Nays: Croft, Green, Kapsner, Kerttula, Kookesh, Rokeberg, Scalzi, Wilson And so, HCS CSSB 72(RES) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SB 149 Representative James brought up reconsideration of the vote on HCS CSSSSB 149(FIN) (page 1641). The following was again before the House in third reading: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 149(FIN) "An Act relating to reemployment of retired teachers, to eligibility for major medical insurance coverage for beneficiaries of the teachers' retirement system, and to teacher certificates; and providing for an effective date." The question to be reconsidered: "Shall HCS CSSSSB 149(FIN) pass the House?" The roll was taken with the following result: HCS CSSSSB 149(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 2001-05-08 House Journal Page 1729 Yeas: Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Cissna, Kohring, Ogan And so, HCS CSSSSB 149(FIN) passed the House on reconsideration. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSSSB 149(FIN) was referred to the Chief Clerk for engrossment. SB 158 Representative James brought up reconsideration of the vote on HCS CSSB 158(FIN) (page 1642). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 158(FIN) "An Act directing the commissioner of revenue to prepare a report to the legislature relating to the state's participation in owning or financing a gas pipeline project; and providing for an effective date." The question to be reconsidered: "Shall HCS CSSB 158(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 158(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2001-05-08 House Journal Page 1730 Nays: Coghill, Kohring And so, HCS CSSB 158(FIN) passed the House on reconsideration. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 158(FIN) was referred to the Chief Clerk for engrossment. SB 172 Representative James brought up reconsideration of the vote on HCS CSSB 172(JUD) (page 1643). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 172(JUD) "An Act relating to an annual report by the court system to the public and the legislature." The question to be reconsidered: "Shall HCS CSSB 172(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 172(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Chenault, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Davies, Hudson, Kerttula, Kohring Absent: Mulder 2001-05-08 House Journal Page 1731 Davies changed from "Yea" to "Nay". Guess changed from "Nay" to "Yea". Ogan changed from "Nay" to "Yea". And so, HCS CSSB 172(JUD) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 127 Representative Harris moved and asked unanimous consent that the House rescind previous action (page 1568) in adopting: CONFERENCE CS FOR HOUSE BILL NO. 127 "An Act relating to aviation and to emergency equipment to be carried on aircraft." There being no objection, it was so ordered. Representative Harris moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS HB 127 and recommended that the members vote no. The question being "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 127 Adopt Conference Committee Report YEAS: 0 NAYS: 39 EXCUSED: 0 ABSENT: 1 Nays: 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, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Mulder And so, the House failed to adopt the Conference Committee with limited powers of free conference report. 2001-05-08 House Journal Page 1732 The Chief Clerk was instructed to so notify the Senate. CONCUR IN SENATE AMENDMENTS HB 101 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1707) on the following at this time: CS FOR HOUSE BILL NO. 101(FIN) "An Act relating to charter schools; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 101(HES) (same title) There being no objection, it was so ordered. Representative Dyson moved that the House concur in the Senate amendment to CSHB 101(FIN), thus adopting SCS CSHB 101(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 101(FIN)?" The roll was taken with the following result: SCS CSHB 101(HES) 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 CSHB 101(HES). 2001-05-08 House Journal Page 1733 Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 101(HES) was referred to the Chief Clerk for enrollment. HB 115 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1707) on the following at this time: CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date." (SCR 19- title change resolution) There being no objection, it was so ordered. 2001-05-08 House Journal Page 1734 Representative Kapsner moved that the House concur in the Senate amendment to CSHB 115(HES), thus adopting SCS CSHB 115(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 115(HES)?" The roll was taken with the following result: SCS CSHB 115(HES) Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, 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 Absent: Berkowitz, Davies, Guess, Halcro And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 115(HES). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 115(HES) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 19 Representative James moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: SENATE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 115, 2001-05-08 House Journal Page 1735 relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication. There being no objection, it was so ordered. The question being: "Shall SCR 19 pass the House?" The roll was taken with the following result: SCR 19 Special Order of Business YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, 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 Absent: Berkowitz, Croft, Davies And so, SCR 19 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HJR 23 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1707) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) Advocating the retention of the electoral college system in its present form. and 2001-05-08 House Journal Page 1736 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHJR 23(STA), thus adopting SCS CSHJR 23(STA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 23(STA)?" The roll was taken with the following result: SCS CSHJR 23(STA) Concur YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, 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 Absent: Berkowitz, Croft, Davies And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 23(STA). The Chief Clerk was instructed to so notify the Senate. SCS CSHJR 23(STA) was referred to the Chief Clerk for enrollment. HB 172 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1709) on the following at this time: CS FOR HOUSE BILL NO. 172(FIN) am "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges." 2001-05-08 House Journal Page 1737 and SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 172(FIN) am, thus adopting SCS CSHB 172(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 172(FIN) am?" The roll was taken with the following result: SCS CSHB 172(FIN) Concur YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, 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 Absent: Berkowitz, Croft, Davies And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 172(FIN). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2001-05-08 House Journal Page 1738 Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 172(FIN) was referred to the Chief Clerk for enrollment. HB 184 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1709) on the following at this time: CS FOR HOUSE BILL NO. 184(JUD) am "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 184(JUD) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 184(JUD) am, thus adopting SCS CSHB 184(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 184(JUD) am?" The roll was taken with the following result: SCS CSHB 184(JUD) Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 2001-05-08 House Journal Page 1739 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Berkowitz, Croft, Davies, Hayes And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 184(JUD). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 184(JUD) was referred to the Chief Clerk for enrollment. HB 193 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1709) on the following at this time: CS FOR HOUSE BILL NO. 193(FIN) "An Act relating to the primary election and to the nomination of candidates for the general election; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) (same title) There being no objection, it was so ordered. 2001-05-08 House Journal Page 1740 Representative James moved that the House concur in the Senate amendment to CSHB 193(FIN), thus adopting SCS CSHB 193(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 193(FIN)?" The roll was taken with the following result: SCS CSHB 193(FIN) Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Dyson, Fate, 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 Absent: Berkowitz, Croft, Davies, Foster And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 193(FIN). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 193(FIN) was referred to the Chief Clerk for enrollment. HB 242 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1710) on the following at this time: CS FOR HOUSE BILL NO. 242(FIN) "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- 2001-05-08 House Journal Page 1741 living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 242(FIN), thus adopting SCS CSHB 242(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 242(FIN)?" The roll was taken with the following result: SCS CSHB 242(FIN) Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Berkowitz, Croft, Davies, Mulder And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 242(FIN). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 242(FIN) was referred to the Chief Clerk for enrollment. 2001-05-08 House Journal Page 1742 HCR 17 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1707) on the following at this time: CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(RES) Expressing the legislature's support for sale of a portion of Alaska's North Slope natural gas for electrical generation to power data centers within the North Slope Borough. and SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(JUD) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHCR 17(RES), thus adopting SCS CSHCR 17(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHCR 17(RES)?" The roll was taken with the following result: SCS CSHCR 17(JUD) Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Berkowitz, Croft, Davies, Mulder And so, the House concurred in the Senate amendment, thus adopting SCS CSHCR 17(JUD). 2001-05-08 House Journal Page 1743 The Chief Clerk was instructed to so notify the Senate. SCS CSHCR 17(JUD) was referred to the Chief Clerk for enrollment. HB 132 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1708) on the following at this time: CS FOR HOUSE BILL NO. 132(2d RLS)(efd am) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 132(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 132(2d RLS)(efd am), thus adopting SCS CSHB 132(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 132(2d RLS)(efd am)?" The roll was taken with the following result: SCS CSHB 132(FIN) Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 2001-05-08 House Journal Page 1744 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Berkowitz, Croft, Davies, Mulder And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 132(FIN). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the legislative letter of intent. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 132(FIN) was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 2:26 p.m. AFTER RECESS The Speaker called the House back to order at 6:13 p.m. The Speaker stated that the House would revert to Messages from the Senate. Representative Berkowitz objected and withdrew the objection. There being no further objection, the House reverted to: MESSAGES FROM THE SENATE HB 198 A message dated May 8, 2001, was read stating the Senate has passed: 2001-05-08 House Journal Page 1745 CS FOR HOUSE BILL NO. 198(RLS)(efd add) "An Act relating to a post-retirement pension adjustment for certain persons receiving benefits under the Elected Public Officers Retirement System, and establishing and relating to a Compensation Commission for State Officials; and providing for an effective date." CSHB 198(RLS)(efd add) was referred to the Chief Clerk for enrollment. HB 65 A message dated May 8, 2001, was read stating the Senate has failed to recede from its amendments to: CS FOR HOUSE BILL NO. 65(HES) "An Act relating to a new optional group of persons eligible for medical assistance who require treatment for breast or cervical cancer; and providing for an effective date." namely, SENATE CS FOR CS FOR HOUSE BILL NO. 65(HES) 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: Senator Green Senator Taylor Senator Olson The House members of the Conference Committee are Representatives Dyson (Chair), Murkowski, and Hayes (page 1658). HB 76 A message dated May 8, 2001, was read stating the Senate has passed CSSSHB 76(FIN) with the following amendment and it is transmitted for consideration: 2001-05-08 House Journal Page 1746 SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 76(FIN) "An Act providing for and relating to the issuance of certificates of participation to finance construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of and approving the entry into and the issuance of certificates of participation in a lease-purchase agreement for construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of the intent and approval to retain investment income from pertinent appropriations to be applied to the cost of construction of a new facility to be known as the Alaska Psychiatric Institute; relating to the construction of a facility to be known as the Alaska Psychiatric Institute; and providing for an effective date." CSSSHB 76(FIN) is under Unfinished Business. HB 102 A message dated May 8, 2001, was read stating the Senate has passed CSHB 102(JUD) with an amendment (Senate journal, page 1637) and so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 102(JUD) am S "An Act relating to the theft of propelled vehicles." CSHB 102(JUD) is under Unfinished Business. HB 113 A message dated May 8, 2001, was read stating the Senate has passed CSHB 113(HES) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 113(HES) "An Act relating to health care insurance payments for hospital or medical services; and providing for an effective date." CSHB 113(HES) am is under Unfinished Business. 2001-05-08 House Journal Page 1747 HB 121 A message dated May 8, 2001, was read stating the Senate has passed CSHB 121(L&C) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 121(JUD) "An Act relating to the issuance of qualified charitable gift annuities." CSHB 121(L&C) is under Unfinished Business. HB 244 A message dated May 8, 2001, was read stating the Senate has passed CSHB 244(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) "An Act relating to a grant of state land to the Denali Borough for a railroad and utility corridor and a railroad development project; repealing provisions relating to a grant of a right-of-way of land for a railroad and utility corridor to the Alaska Industrial Development and Export Authority; and providing for an effective date." CSHB 244(FIN) is under Unfinished Business. HB 250 A message dated May 8, 2001, was read stating the Senate has passed CSHB 250(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 250(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2002; and providing for an effective date." CSHB 250(FIN) is under Unfinished Business. 2001-05-08 House Journal Page 1748 REPORTS OF SPECIAL COMMITTEES HB 65 The Conference Committee considering: CS FOR HOUSE BILL NO. 65(HES) "An Act relating to a new optional group of persons eligible for medical assistance who require treatment for breast or cervical cancer; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 65(HES) am S (same title) requests limited powers of free conference and contingent upon being granted limited powers, the Committee agrees on the following amendment: Page 1, line 9, following "assistance": Insert "whenever they are eligible for coverage under 42 USC 1396a(a)(10)(A)(ii)(XVIII) if they apply for the assistance before the date that is two years after the effective date of this Act" Page 2, line 30: Delete all material. The request was signed by Representatives Dyson (Chair), Murkowski, Hayes; and Senators Green, Taylor. The Speaker granted the limited powers of free conference as requested, and the Chief Clerk was instructed to so notify the Senate. The Conference Committee with limited powers of free conference considering CSHB 65(HES) and SCS CSHB 65(HES) am S recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 65 "An Act relating to a new optional group of persons eligible for 2001-05-08 House Journal Page 1749 medical assistance who require treatment for breast or cervical cancer; and providing for an effective date." The report was signed by Representatives Dyson (Chair), Murkowski, Hayes; and Senators Green, Taylor. The following fiscal note(s) apply to CCS HB 65: 2. Fiscal, Dept. of Health & Social Services The report is under Unfinished Business. HB 127 The Conference Committee with limited powers of free conference considering CSHB 127(RLS) and SCS CSHB 127(TRA) am S recommends the following be adopted: 2d CONFERENCE CS FOR HOUSE BILL NO. 127 "An Act relating to aviation and to emergency equipment to be carried on aircraft." The report was signed by Representatives Harris (Chair), Bunde, Kerttula; and Senators Halford (Chair), Taylor, Olson. The following fiscal note(s) apply to 2d CCS HB 127: 1. Zero, Dept. of Transportation & Public Facilities The report is under Unfinished Business. CONCUR IN SENATE AMENDMENTS HB 76 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1745) on the following at this time: 2001-05-08 House Journal Page 1750 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) "An Act providing for and relating to the issuance of certificates of participation to finance construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of and approving the entry into and the issuance of certificates of participation in a lease-purchase agreement for construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of the intent and approval to retain investment income from pertinent appropriations to be applied to the cost of construction of a new facility to be known as the Alaska Psychiatric Institute; relating to the construction of a facility to be known as the Alaska Psychiatric Institute; and providing for an effective date." and SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 76(FIN) (same title) Representative Davies objected and withdrew the objection. There being no further objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSSSHB 76(FIN), thus adopting SCS CSSSHB 76(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSSSHB 76(FIN)?" The roll was taken with the following result: SCS CSSSHB 76(FIN) Concur YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2001-05-08 House Journal Page 1751 Absent: Mulder And so, the House concurred in the Senate amendment, thus adopting SCS CSSSHB 76(FIN). 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: SCS CSSSHB 76(FIN) Concur Effective Date YEAS: 4 NAYS: 35 EXCUSED: 0 ABSENT: 1 Yeas: Masek, Meyer, Moses, Ogan Nays: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Mulder And so, the effective date clause was not adopted. The Chief Clerk was instructed to so notify the Senate. SCS CSSSHB 76(FIN)(efd fld H) was referred to the Chief Clerk for enrollment. HB 102 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1746) on the following at this time: CS FOR HOUSE BILL NO. 102(JUD) "An Act relating to the theft of propelled vehicles." and 2001-05-08 House Journal Page 1752 CS FOR HOUSE BILL NO. 102(JUD) am S (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 102(JUD), thus adopting CSHB 102(JUD) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 102(JUD)?" The roll was taken with the following result: CSHB 102(JUD) am S Concur YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Kerttula, Kookesh Absent: Mulder And so, the House concurred in the Senate amendment, thus adopting CSHB 102(JUD) am S. The Chief Clerk was instructed to so notify the Senate. CSHB 102(JUD) am S was referred to the Chief Clerk for enrollment. HB 113 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1746) on the following at this time: 2001-05-08 House Journal Page 1753 CS FOR HOUSE BILL NO. 113(HES) am "An Act relating to health care insurance payments for hospital or medical services; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 113(HES) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 113(HES) am, thus adopting SCS CSHB 113(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 113(HES) am?" The roll was taken with the following result: SCS CSHB 113(HES) Concur YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring Absent: Mulder And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 113(HES). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. Representative McGuire objected and withdrew the objection. There being no further objection, it was so ordered. 2001-05-08 House Journal Page 1754 The Chief Clerk was instructed to so notify the Senate. SCS CSHB 113(HES) was referred to the Chief Clerk for enrollment. HB 121 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1747) on the following at this time: CS FOR HOUSE BILL NO. 121(L&C) "An Act relating to the issuance of qualified charitable gift annuities." and SENATE CS FOR CS FOR HOUSE BILL NO. 121(JUD) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 121(L&C), thus adopting SCS CSHB 121(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 121(L&C)?" The roll was taken with the following result: SCS CSHB 121(JUD) Concur YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2001-05-08 House Journal Page 1755 Absent: Mulder, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 121(JUD). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 121(JUD) was referred to the Chief Clerk for enrollment. HB 244 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1747) on the following at this time: CS FOR HOUSE BILL NO. 244(FIN) "An Act relating to a grant of state land to the Denali Borough for a railroad and utility corridor and a railroad development project; repealing provisions relating to a grant of a right-of-way of land for a railroad and utility corridor to the Alaska Industrial Development and Export Authority; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 244(FIN), thus adopting SCS CSHB 244(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 244(FIN)?" The roll was taken with the following result: SCS CSHB 244(RES) Concur YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 2001-05-08 House Journal Page 1756 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, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Mulder And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 244(RES). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 244(RES) was referred to the Chief Clerk for enrollment. HB 250 Representative James moved and asked unanimous consent that the House consider the Senate message (page 1747) on the following at this time: CS FOR HOUSE BILL NO. 250(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2002; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 250(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 250(FIN), thus adopting SCS CSHB 250(FIN), and recommended that the members vote yes. 2001-05-08 House Journal Page 1757 The question being: "Shall the House concur in the Senate amendment to CSHB 250(FIN)?" The roll was taken with the following result: SCS CSHB 250(FIN) Concur YEAS: 35 NAYS: 3 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Kerttula, Kookesh Absent: Davies, Masek And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 250(FIN). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 250(FIN) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HB 65 Representative James moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 1748), at this time: CS FOR HOUSE BILL NO. 65(HES) "An Act relating to a new optional group of persons eligible for medical assistance who require treatment for breast or cervical cancer; and providing for an effective date." 2001-05-08 House Journal Page 1758 and SENATE CS FOR CS FOR HOUSE BILL NO. 65(HES) am S (same title) There being no objection, it was so ordered. Representative James moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS HB 65. Representative Hayes moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Hayes was required to vote. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 65 Adopt Conference Committee Report YEAS: 32 NAYS: 3 EXCUSED: 0 ABSENT: 5 Yeas: Bunde, Cissna, Coghill, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Crawford, Croft Absent: Chenault, Kott, Masek, Moses, Rokeberg Crawford changed from "Yea" to "Nay". And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 65 "An Act relating to a new optional group of persons eligible for medical assistance who require treatment for breast or cervical cancer; and providing for an effective date." 2001-05-08 House Journal Page 1759 Representative Murkowski moved and asked unanimous consent that the following be adopted as the Sense of the House: Sense of the House Regarding CCS HB 65 By Representatives Kerttula, McGuire, Hayes, Murkowski, Williams, Guess, Hudson, Lancaster, Scalzi, Berkowitz, Joule, Croft, Halcro, Cissna, Davies, and Crawford. "It is the Sense of the House: That we do not want a sunset to the program established by CCS HB 65. But at this moment, we are willing to concur as a stop-gap measure to save women's lives." Objection was heard. The question being: "Shall the Sense of the House on CCS HB 65 be adopted?" The roll was taken with the following result: CCS HB 65 Sense of the House YEAS: 32 NAYS: 5 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Coghill, Dyson, James, Masek, Ogan Absent: Kott, Moses, Rokeberg And so, the Sense of the House on CCS HB 65 was adopted. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. 2001-05-08 House Journal Page 1760 HB 127 Representative James moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 1749), at this time: CS FOR HOUSE BILL NO. 127(RLS) "An Act relating to aviation and to emergency equipment to be carried on aircraft." and SENATE CS FOR CS FOR HOUSE BILL NO. 127(TRA) am S (same title) There being no objection, it was so ordered. Representative James moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting 2d CCS HB 127. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: 2d CCS HB 127 Adopt Conference Committee Report YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, 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, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Croft Absent: Rokeberg And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: 2001-05-08 House Journal Page 1761 2d CONFERENCE CS FOR HOUSE BILL NO. 127 "An Act relating to aviation and to emergency equipment to be carried on aircraft." The Chief Clerk was instructed to so notify the Senate. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/8 Minority Caucus upon recess, 5/8 The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 7:31 p.m. AFTER RECESS The Speaker called the House back to order at 10:32 p.m. SPECIAL ORDER OF BUSINESS Representative James moved and asked unanimous consent that the citations on the first special order citation calendar be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the citations be approved. There being no objection, the following citations were approved and sent to enrolling: Honoring - Bruce Gifford By Representatives Hudson, Kerttula, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson; Senator Elton 2001-05-08 House Journal Page 1762 Honoring - Mat-Su School District's SeeUOnline Program By Representatives Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Billy McCann By Representatives Kapsner, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Reverend Doctor Michael Oleksa By Representatives Kapsner, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - USS Ticonderoga Veterans' Association By Representatives Cissna, Porter, Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Recognizing - Whittier Access Project, American Society of Civil Engineers', 2001 Outstanding Civil Engineering Achievement Award By Senator Leman; 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, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2001-05-08 House Journal Page 1763 Honoring - Jessica Thygeson By Senator Green; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson In Memoriam - Harold James John Sipary By Representatives Joule, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Scott Dull, M.D. By Senator Ellis; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Elmer Edwin Rasmuson By Senator Leman; Representatives Berkowitz, Porter, 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, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Jessie Withrow By Senator Ellis; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson Representative James moved and asked unanimous consent that the citations on the second special order citation calendar be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. 2001-05-08 House Journal Page 1764 Representative James moved and asked unanimous consent that the citations be approved. There being no objection, the following citations were approved and sent to enrolling: Honoring - Lieutenant Dave Lorring By Representatives Hayes, Porter, Berkowitz, Chenault, Crawford, Davies, Dyson, Harris, Hudson, James, Joule, Kerttula, Kohring, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Wilson In Memoriam - Shirley Ruth Parham By Representatives Hayes, Porter, Berkowitz, Chenault, Crawford, Davies, Dyson, Foster, Harris, Hudson, James, Joule, Kerttula, Kohring, McGuire, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Wilson UNFINISHED BUSINESS HB 104 Representative James moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 1627), at this time: CS FOR HOUSE BILL NO. 104(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN)(brf sup maj fld S) (same title) There being no objection, it was so ordered. Representative James moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS HB 104. 2001-05-08 House Journal Page 1765 The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 104 Adopt Conference Committee Report 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 adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 104 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. HB 103 Representative James moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 1627), at this time: CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." 2001-05-08 House Journal Page 1766 and SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld S) (same title) There being no objection, it was so ordered. Representative James moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS HB 103. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 103 Adopt Conference Committee Report YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, 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 Absent: Chenault And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 103 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2001-05-08 House Journal Page 1767 The Chief Clerk was instructed to so notify the Senate. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 90 A message dated May 8, 2001, was read stating the Senate has passed CSHB 90(FIN) with an amendment (Senate journal, page 1738) and so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 90(FIN) am S "An Act relating to reimbursement of municipal bonds for school construction; and providing for an effective date." Representative James moved that the House concur in the Senate amendment to CSHB 90(FIN), thus adopting CSHB 90(FIN) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 90(FIN)?" The roll was taken with the following result: CSHB 90(FIN) am S 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 CSHB 90(FIN) am S. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2001-05-08 House Journal Page 1768 The Chief Clerk was instructed to so notify the Senate. CSHB 90(FIN) am S was referred to the Chief Clerk for enrollment. CONSIDERATION OF THE DAILY CALENDAR (continued) SENATE BILLS IN THIRD READING SB 29 The following, which had been moved to the bottom of the calendar (page 1724), was again before the House: HOUSE CS FOR CS FOR SENATE BILL NO. 29(FIN) "An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The Speaker stated that, without objection, HCS CSSB 29(FIN) would be taken up following HB 234, and the House would revert to: MESSAGES FROM THE SENATE HB 234 A message dated May 8, 2001, was read stating the Senate has passed CSHB 234(FIN) am with the following amendments and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 234(FIN) am S "An Act relating to the tobacco use education and cessation fund and to smoking education and cessation programs; relating to funding the tobacco use education and cessation fund; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain 2001-05-08 House Journal Page 1769 anticipated revenue from a tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." The message further stated that under Rule 43(b) of the Uniform Rules, engrossment of Amendment No. 4 has been waived and the certified amendment is attached: "Certified Amendment No. 4 ADD SCHOOL MAJOR MAINTENANCE PROJECTS Insert after page 4, line 8: Yupiit - Akiak School Repairs $177,571 Galena - Project Education Food Service Renovation 261,806 Southwest Region - Koliganek School Improvement 451,993 Southwest Region - Ekwok, Koliganek, Togiak Schools Heating System Upgrade 122,256 Hoonah City - Hoonah Swimming Pool Sprinkler System 220,476 Galena - High School Remodel 167,846 Kenai Peninsula - McNeil Canyon Replace Septic System 171,500 Kake City - Kake High School Renovation Phase II 175,065 Chatham - Angoon High School Major Maintenance 1,730,507 Tanana City - Tanana Kitchen Renovation 438,539 Wrangell City - Wrangell Elementary Schools Renovation 1,129,238 Lower Yukon - Emmonak Mechanical System Upgrade 574,885 Lower Yukon - Alakanuk Mechanical System Upgrade 899,740 Iditarod Area - Takotna Community School Water Project 192,374 Kenai Peninsula - Seward Middle School Gym Reroof 278,275 Iditarod Area - Innoko River School Bathroom, Shower & Underfloor Damage Repairs 46,746 Iditarod Area - McGrath School Heating Design, Boiler Replacement & Repairs 235,200 Kenai Peninsula - Kenai Central High School Reinsulate Exterior Walls 385,610 2001-05-08 House Journal Page 1770 Alaska Gateway - Tok Multipurpose Rec. Complex Renovation Project 961,612 Adjust the totals on page 2, line 27 and page 4, line 10 accordingly. ADD SCHOOL CONSTRUCTION Insert after page 3, line 28: Bering Strait - Koyuk School K-12 Replacement $11,660,343 Yupiit - Tuluksak School Improvement - Planning 768,850 Adjust the totals on page 2, line 27 and page 4, line 10 accordingly. DELETE From page 4, line 14 through 17: University of Alaska - Anchorage Science/Biomedical Facilities Renovations/ Classroom Renovation/Housing Safety Upgrades/ Pool Replacement $10,990,800 ADD From page 4, line 14 through 17: University of Alaska - Anchorage Science/Biomedical Facilities Renovations/ Classroom Renovation/Housing Safety Upgrades/ Pool Replacement $10,200,000 Adjust the totals on page 2, line 27 and page 4, line 29 accordingly." Representative James moved that the House concur in the Senate amendments to CSHB 234(FIN) am, thus adopting SCS CSHB 234(FIN) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendments to CSHB 234(FIN) am?" The roll was taken with the following result: 2001-05-08 House Journal Page 1771 SCS CSHB 234(FIN) am S 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 amendments, thus adopting SCS CSHB 234(FIN) am S. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 234(FIN) am S was referred to the Chief Clerk for enrollment. CONSIDERATION OF THE DAILY CALENDAR (continued) SENATE BILLS IN THIRD READING SB 29 The following, which had been moved to follow HB 234 (page 1768), was again before the House: HOUSE CS FOR CS FOR SENATE BILL NO. 29(FIN) "An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." 2001-05-08 House Journal Page 1772 Representative Williams moved and asked unanimous consent that HCS CSSB 29(FIN) be returned to second reading for the specific purpose of considering Amendment No. 12. There being no objection, it was so ordered. Amendment No. 12 was offered by Representative Williams: Page 81, line 6, following "CONSERVATION.": Insert "(a)" Page 81, following line 15: Insert a new subsection to read: "(b) The sum of $1,300,000 is appropriated from the general fund to the Department of Environmental Conservation for preparing, issuing, and awarding a request for proposals for designing and overseeing the construction or renovation of a new seafood and food safety laboratory that costs not more than $11,425,800 for construction, equipping, and other costs." Page 113, line 28, following "25(l),": Insert "31(b)," Page 114, following line 17: Insert new subsections to read: "(c) The appropriation made by sec. 31(b) of this Act takes effect only if an appropriation in the amount of at least $12,478,000 for the design, construction, equipping, and other costs of a new seafood and food safety laboratory is not enacted into law after passage by the First Regular Session of the Twenty-Second Alaska State Legislature. (d) If sec. 31(b) of this Act takes effect under (c) of this section, it takes effect on July 1, 2001." Page 114, line 21: Delete "and 87 - 90" Insert "87, 88, 90(a), and 90(c)" Page 114, line 26, following "90(b),": Insert "90(d)" 2001-05-08 House Journal Page 1773 Representative Williams moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Ogan objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: HCS CSSB 29(FIN) Second Reading Amendment No. 12 YEAS: 34 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Coghill, Kohring, Masek, Ogan Absent: Berkowitz, Mulder And so, Amendment No. 12 was adopted. Representative Mulder moved and asked unanimous consent that HCS CSSB 29(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 13. There being no objection, it was so ordered. Amendment No. 13 was offered by Representative Mulder: "* Section 3. The following appropriations are for financing the design, construction, and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors as authorized under HB 234 and set out in section 4 of this Act by funding source to the agencies named for the purposes expressed and lapse under AS 37.25.020, unless otherwise noted. 2001-05-08 House Journal Page 1774 Appropriation General Other Allocations Items Funds Funds * * * * * * * * * * * * * * * * Department of Education and Early Development * * * * * * * * * * * * * * * * Construction, Renovation, and Improvement of Public Elementary and Secondary Schools Alaska Gateway - Tok 961,612 961,612 Multipurpose Recreational Complex Renovation Project (ED 36) Bering Strait - Golovin School 9,888,192 9,888,192 Phase III (ED 38) Bering Strait - Koyuk School K- 11,660,343 11,660,343 12 Replacement (ED 38) Bering Strait - Shishmaref 8,342,525 8,342,525 School Roof Replacement/ Renovate, Phase III (ED 37) Chatham - Angoon Elementary 2,066,257 2,066,257 School Major Maintenance (ED 5) Chatham - Angoon High School 1,730,507 1,730,507 Major Maintenance (ED 5) Galena - High School Remodel 167,846 167,846 (ED 36) Galena - Project Education Food 261,806 261,806 Service Renovation (ED 36) Hoonah City - Hoonah Swimming 220,476 220,476 Pool Sprinkler System (ED 5) Iditarod Area - Blackwell School 173,754 173,754 Heating Renovation/Site Repair (ED 36) Iditarod Area - Innoko River 46,746 46,746 School Bathroom, Shower & Underfloor Damage Repairs (ED 36) 2001-05-08 House Journal Page 1775 Appropriation General Other Allocations Items Funds Funds Iditarod Area - McGrath School 235,200 235,200 Heating Design, Boiler Replacement and Repairs (ED 36) Iditarod Area - Takotna 192,374 192,374 Community School Water Project (ED 36) Kake City - Kake High School 175,065 175,065 Renovation Phase II (ED 5) Kenai Peninsula - Kenai Central 385,610 385,610 High School Reinsulate Exterior Walls (ED 7-9) Kenai Pennisula - McNeil Canyon 171,500 171,500 Replace Septic System (ED 7-9) Kenai Pennisula - Seward Middle 278,275 278,275 School Gym Reroof (ED 7-9) Lower Yukon - Alakanuk 899,740 899,740 Mechanical System Upgrade (ED 38) Lower Yukon - Emmonak Mechanical 574,885 574,885 System Upgrade (ED 38) Petersburg City - Facia/Soffit 116,236 116,236 Repair and Replacement (ED 2) Pribilof Island - St. George 4,513,164 4,513,164 School Remodel (ED 40) Sitka City Borough - Blatchley 346,500 346,500 Exterior Renovation/Repair (ED 2) Skagway City - Skagway Major 35,598 35,598 Maintenance (ED 5) Southwest Region - Clarks Point 35,989 35,989 School Generator Building (ED 39) Southwest Region - Ekwok, 122,256 122,256 Koliganek, Togiak Schools Heating System Upgrade (ED 39) Southwest Region - Koliganek 451,993 451,993 School Improvement (ED 39) Southwest Region - Togiak School 29,182,163 29,182,163 Replacement (ED 39) 2001-05-08 House Journal Page 1776 Appropriation General Other Allocations Items Funds Funds Tanana City - Tanana Kitchen 438,539 438,539 Renovation (ED 36) Wrangell City - Wrangell 1,129,238 1,129,238 Elementary Schools Renovation (ED 2) Yukon-Koyukuk - Nulato 314,387 314,387 Structural Repairs (ED 36) Yupiit - Akiak School Repairs 177,571 177,571 (ED 39) Yupiit - Tuluksak School 768,850 768,850 Improvement Design (ED 36) * * * * * * * * * * * * * * * * Department of Transportation/Public Facilities * * * * * * * * * * * * * * * * Construction and Renovation of Port and Harbor Facilities Anchorage - Intermodal Marine 6,000,000 6,000,000 Facility - Harbor Dock and Supporting Facilities Improvement (ED 10-25) Ketchikan - Bar Harbor South 3,938,000 3,938,000 (ED 1) Pelican - Pelican Boat Harbor 1,451,142 1,451,142 (ED 5) Sitka - Thomsen Harbor, Crescent 2,234,500 2,234,500 Harbor, Sealing Cove Harbor (ED 2) * * * * * * * * * * * * * * * * * * University of Alaska * * * * * * * * * * * * * * * * * * Construction and Renovation of University Facilities Bristol Bay Campus Addition 1,000,000 1,000,000 (ED 39) 2001-05-08 House Journal Page 1777 Appropriation General Other Allocations Items Funds Funds Ketchikan - Robertson/Hamilton 1,500,000 1,500,000 Technical Education Complex Remodel (ED 3-4) Kodiak - Vocational/Technical 400,000 400,000 Classroom Rehabilitation & Completion (ED 6) Matanuska-Susitna Ortner 654,000 654,000 Warehouse Replacement (ED 26-28) U of A - Anchorage Science/ 10,200,000 10,200,000 Biomedical Facilities Renovations/ Classroom Renovation/Housing Safety Upgrades/ Pool Replacement (ED 10-25) University of Alaska - Fairbanks 4,000,000 4,000,000 Museum Expansion (ED 29-34) University of Alaska - Southeast 2,500,000 2,500,000 Egan Classroom (ED 3-4) * Sec. 4. The following sets out the funding by agency for the appropriations made in sec. 3 of this Act. Department of Education and Early Development Northern Tobacco Securitization Corporation Bonds 76,065,197 *** Total Agency Funding *** $76,065,197 Department of Transportation/Public Facilities Northern Tobacco Securitization Corporation Bonds 13,623,642 *** Total Agency Funding *** $13,623,642 University of Alaska Northern Tobacco Securitization Corporation Bonds 20,254,000 *** Total Agency Funding *** $20,254,000 The following summarizes the funding sources for the appropriations made in section 3 of this act. Northern Tobacco Securitization Corporation Bonds 109,942,839 * * * * * Total Budget * * * * * $109,942,839" 2001-05-08 House Journal Page 1778 Representative Mulder moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Ogan objected and withdrew the objection. There being no further objection, it was so ordered. Representative Mulder moved and asked unanimous consent that HCS CSSB 29(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 14. There being no objection, it was so ordered. Amendment No. 14 was offered by Representative Mulder: Page 3, following line 18: Insert "APPR GNR OTHR ITEMS FUND FNDS Export Certification Program 80,000 80,000" Page 20, following line 29: Insert "APPR GNR OTHR ITEMS FUND FNDS Bethel Readiness Center Planning 750,000 750,000 and Design (ED 39)" Page 36, lines 4 - 5: Delete "ALLOC Alaska Marine Highway 33,000,000 System - One Fast Ferry (ED 99)" Insert "ALLOC Alaska Marine Highway 10,400,000 System - Ferry (ED 99)" 2001-05-08 House Journal Page 1779 Page 40, following line 20: Insert "ALLOC Gravina Island Crossing 20,000,000 (ED 1)" Page 41, following line 19: Insert "ALLOC Knik Arm Crossing 2,600,000 (ED 10 - 25)" Page 81, following line 5: Insert a new subsection to read: "(d) The unexpended and unobligated balance of the appropriation made in sec. 53, ch. 120, SLA 1980, page 96, line 14, as amended by sec. 77, ch. 8, FSSLA 1994, (new Tok School) is reappropriated to the Department of Education and Early Development for payment as a grant under AS 37.05.316 to the Alaska Gateway School District for the Tok multipurpose recreational complex renovation project." Page 82, following line 1: Insert a new subsection to read: "(c) The unexpended and unobligated general fund balances on June 30, 2001, after any other reappropriations from those appropriations made by this Act, not to exceed $1,500,000, of the following appropriations are reappropriated to the Office of the Governor for operating costs for the fiscal year ending June 30, 2002: (1) sec. 43, ch. 84, SLA 1999, page 31, line 14, and allocated on lines 15 - 16 (medical assistance administration, medical assistance administration - $1,091,200), not to exceed $23,400; (2) sec. 43, ch. 84, SLA 1999, page 31, line 14, and allocated on line 17 (medical assistance administration, Medicaid state programs -$15,914,500), not to exceed $54,400; (3) sec. 43, ch. 84, SLA 1999, page 31, line 14, and allocated on line 18 (medical assistance administration, health purchasing group - $15,273,600), not to exceed $48,700; 2001-05-08 House Journal Page 1780 (4) sec. 43, ch. 84, SLA 1999, page 31, line 14, and allocated on line 22 (medical assistance administration, children's health eligibility - $2,701,500), not to exceed $31,900; (5) sec. 43, ch. 84, SLA 1999, page 31, line 23, and allocated on line 27 (purchased services, foster care augmented rate - $2,020,600), not to exceed $7,200; (6) sec. 43, ch. 84, SLA 1999, page 31, line 23, and allocated on line 28 (purchased services, foster care special need - $2,675,200), not to exceed $48,000; (7) sec. 43, ch. 84, SLA 1999, page 31, line 23, and allocated on lines 31 - 32 (purchased services, subsidized adoptions and guardianship - $9,330,200), not to exceed $76,200; (8) sec. 43, ch. 84, SLA 1999, page 31, line 23, and allocated on line 33 (purchased services, residential child care - $7,464,100), not to exceed $76,500; (9) sec. 43, ch. 84, SLA 1999, page 32, line 11, and allocated on line 18 (youth corrections, probation services - $7,390,200), not to exceed $13,000; (10) sec. 43, ch. 84, SLA 1999, page 33, line 33, and allocated on page 34, lines 5 - 6 (state health services, maternal, child, and family health - $11,358,600), not to exceed $18,800; (11) sec. 43, ch. 84, SLA 1999, page 33, line 33, and allocated on page 34, lines 13 - 14 (state health services, community health/emergency medical services - $3,019,700), not to exceed $10,800; (12) sec. 3, ch. 85, SLA 1999, page 6, line 7, and allocated on lines 11 - 12 (community mental health grants, services to the chronically mentally ill - $10,801,400), not to exceed $9,100; (13) sec. 3, ch. 85, SLA 1999, page 6, line 7, and allocated on lines 13 - 14 (community mental health grants, designated evaluation and treatment - $1,046,300), not to exceed $28,100; (14) sec. 165, ch. 96, SLA 1991, page 68, line 7 (Yukon- Kuskokwim Health Corporation - office expansion - $400,000); (15) sec. 5, ch. 99, SLA 1997, page 13, lines 20 - 22 (mental health capital amendment - Hope Cottages intermediate care facilities - $480,000); (16) sec. 32(c), ch. 100, SLA 1997 (McLaughlin Youth Facility Treatment Unit renovation - $175,000); (17) sec. 10(l), ch. 50, SLA 1997 (McLaughlin Youth Center security improvement - $687,000); 2001-05-08 House Journal Page 1781 (18) sec. 10(m), ch. 50, SLA 1997 (Fairbanks Youth Facility security improvement - $147,100); (19) sec. 100, ch. 2, FSSLA 1999, page 49, lines 10 - 11 (state medical examiner imaging equipment - $25,000); (20) sec. 1, ch. 133, SLA 2000, page 21, line 27 (oil and gas litigation and legal services - $4,732,400), not to exceed $150,000; (21) sec. 30(a), ch. 139, SLA 1998 (Department of Law, medical procedures and parental consent for abortions - $300,000), as amended by sec. 55, ch. 2, FSSLA 1999 and sec. 7, ch. 8, SLA 2000, not to exceed $165,300); (22) sec. 43, ch. 84, SLA 1999, page 36, line 32, (Criminal Division - $14,256,900), not to exceed $6,000; (23) sec. 43, ch. 84, SLA 1999, page 37, line 28 (Statehood Defense - $980,000); (24) sec. 17, ch. 135, SLA 2000 (oil and gas litigation and legal services - $250,000), not to exceed $115,800; (25) sec. 43, ch. 84, SLA 1999, page 37, line 33 (administration and support - $1,091,000); (26) sec. 27, ch. 2, FSSLA 1999 (Department of Law Glacier Bay litigation - $380,000); (27) sec. 43, ch. 84, SLA 1999, page 21, line 32, as amended by sec. 44(a) and (b), ch. 135, SLA 2000 (administration and operations - $124,733,300), not to exceed $185,000; (28) that portion of the appropriation made by sec. 3, ch. 128, SLA 1986, page 16, line 23, that is allocated on line 24, as amended by sec. 46(a)(21), ch. 100, SLA 1997 (Northern Region general fund match and related costs for appropriated FY87 federal aid highway projects - $5,900,000); (29) sec. 3, ch. 128, SLA 1986, page 17, line 21 (Laurance Road reconstruction design - $124,000); (30) sec. 3, ch. 128, SLA 1986, page 17, line 23 (South Fairbanks exit - $2,300,000); (31) that portion of the appropriation made by sec. 3, ch. 128, SLA 1986, page 21, line 8, that is allocated on line 17 (Alaska marine highway system preliminary engineering - $555,000); (32) sec. 158, ch. 3, FSSLA 1987, page 44, line 24, as amended by sec. 115(a)(12), ch. 139, SLA 1998 (general fund match for federal aid highways - $16,000,000); (33) sec. 158, ch. 3, FSSLA 1987, page 44, line 25 (general fund match for federal aid aviation - $3,300,000); 2001-05-08 House Journal Page 1782 (34) sec. 43, ch. 84, SLA 1999, page 44, line 8, and allocated on line 18 (administration and support, statewide information systems - $1,889,600); (35) sec. 43, ch. 84, SLA 1999, page 44, line 8, and allocated on line 23 (administration and support, Central Region support services - $781,500); (36) sec. 43, ch. 84, SLA 1999, page 45, line 4, and allocated on line 5 (design and engineering services, statewide design and engineering services - $6,004,400); (37) sec. 43, ch. 84, SLA 1999, page 45, line 4, and allocated on line 7 (design and engineering services, Central Region design and engineering services - $10,476,200); (38) sec. 43, ch. 84, SLA 1999, page 45, line 4, and allocated on line 9 (design and engineering services, northern design and engineering services - $9,320,300); and (39) sec. 43, ch. 84, SLA 1999, page 45, line 13, and allocated on line 16 (Construction and CIP Support, Northern Construction and CIP Support - $10,515,200)." Page 94, lines 11 - 12: Delete "sec. 9, ch. 5, FSSLA 1996" Insert "sec. 2, ch. 3, FSSLA 1996" Page 103, line 20, following "RESOURCES": Insert "AND OFFICE OF THE GOVERNOR" Page 104, following line 7: Insert a new subsection to read: "(d) The unexpended and unobligated general fund balances on June 30, 2001, after the appropriation made by (c) of this section, of the appropriations made in sec. 1, ch. 133, SLA 2000, page 13, line 12 (Human Rights Commission - $1,518,200), line 13 (Executive Operations - $8,499,300), line 19 (Office of Management and Budget - $2,077,600), and line 20 (Governmental Coordination - $4,533,400) are reappropriated to the Office of the Governor for operating expenses for the fiscal year ending June 30, 2002." Page 106, line 19: Delete "$600,000" Insert "$680,000" 2001-05-08 House Journal Page 1783 Page 106, lines 23 - 24: Delete all material. Renumber the following paragraphs accordingly. Page 107, line 28: Delete "." Insert ";" Page 107, following line 28: Insert new paragraphs to read: "(16) sec. 43, ch. 84, SLA 1999, page 45, line 19, and allocated on line 25 (Statewide Facility Maintenance and Operations, Central Region leasing and property management - $582,900); (17) sec. 43, ch. 84, SLA 1999, page 46, line 25 (Northern Region highways and aviation - $37,040,700); (18) sec. 43, ch. 84, SLA 1999, page 47, line 7 (Southeast Region highways and aviation - $9,102,600)." Page 107, line 29, following "ALASKA.": Insert "(a)" Page 108, following line 1: Insert new subsections to read: "(b) The unexpended and unobligated balance on June 30, 2001, of the appropriation made in sec. 154, ch. 5, FSSLA 1992, page 81, line 15 (University of Alaska, Fairbanks - Doyon House construction - $300,000) is reappropriated to the University of Alaska, Fairbanks for Brooks Building renewal and renovation. (c) The unexpended and unobligated balance on June 30, 2001, of the appropriation made in sec. 139, ch. 208, SLA 1990, page 79, line 17 (University of Alaska, Fairbanks - Yupik Museum, library and multipurpose cultural center - $5,000,000) is reappropriated to the University of Alaska, for Kuskokwim campus renewal and renovation." Page 111, line 22, following "Committee": Insert "for the fiscal years ending June 30, 2001, June 30, 2002, and June 30, 2003," 2001-05-08 House Journal Page 1784 Page 111, line 27: Delete "March 31, 2002" Insert "November 30, 2002" Page 112, following line 19: Insert new subsections to read: "(d) The unexpended and unobligated general fund balances on June 30, 2001, not to exceed $908,900, of the following appropriations are reappropriated to the Department of Administration, office of public advocacy, for operating expenses for the fiscal year ending June 30, 2001: (1) the unexpended and unobligated general fund balance, not to exceed $57,500, of the appropriation made in sec. 43, ch. 84, SLA 1999, page 31, line 23, and allocated on line 27 (purchased services, foster care augmented rate - $2,020,600); (2) the unexpended and unobligated general fund balance, not to exceed $103,000, of the appropriation made in sec. 3, ch. 85, SLA 1999, page 6, line 7, and allocated on line 10 (community mental health grants, psychiatric emergency services - $6,005,400); (3) the unexpended and unobligated general fund balance, not to exceed $115,400, of the appropriation made in sec. 3, ch. 85, SLA 1999, page 6, line 7, and allocated on lines 15 - 16 (community mental health grants, services for seriously emotionally disturbed youth - $6,432,400); (4) the unexpended and unobligated general fund balance, not to exceed $284,600, of the appropriation made in sec. 3, ch. 85, SLA 1999, page 6, lines 17 - 18 (community developmental disabilities grants - $19,746,700); (5) the unexpended and unobligated general fund balance, not to exceed $141,000, of the appropriation made in sec. 43, ch. 84, SLA 1999, page 35, line 14, and allocated on line 17 (institutions and administration, Alaska Psychiatric Institute - $15,633,400); (6) the unexpended and unobligated general fund balance, not to exceed $14,600, of the appropriation made in sec. 43, ch. 84, SLA 1999, page 30, line 19, and allocated on line 22 (public assistance, adult public assistance - $49,740,400); (7) the unexpended and unobligated general fund balance, not to exceed $20,300, of the appropriation made in sec. 43, ch. 84, 2001-05-08 House Journal Page 1785 SLA 1999, page 30, line 19, and allocated on line 23 (public assistance, general relief assistance - $1,041,900); (8) the unexpended and unobligated general fund balance, not to exceed $20,800, of the appropriation made in sec. 43, ch. 84, SLA 1999, page 33, line 33, and allocated on page 34, line 10 (state health services, epidemiology - $7,391,900); (9) the unexpended and unobligated general fund balance, not to exceed $76,000, of the appropriation made in sec. 43, ch. 84, SLA 1999, page 33, line 33, and allocated on page 34, line 20 (state health services, public health laboratories - $2,846,600); (10) the unexpended and unobligated general fund balance, not to exceed $75,700, of the appropriation made in sec. 3, ch. 85, SLA 1999, page 6, line 19, and allocated on lines 20 - 21 (institutions and administration, mental health/developmental disabilities administration - $2,998,200). (e) The unexpended and unobligated balance, not to exceed $360,000, of the appropriations from the general fund made in the following appropriations are reappropriated to the Department of Administration, for Juneau Court Plaza Building repairs: (1) sec. 4, ch. 24, SLA 1984, page 67, line 21 (M/V Bartlett improvements - $700,000); (2) sec. 3, ch. 96, SLA 1985, page 13, line 7 (Central Region general fund match and related costs for appropriated FY86 federal aid highway projects - $5,765,000) as amended by sec. 46(a)(14), ch. 100, SLA 1997 (repealing not more than $1,500,000 of the general fund balances from a number of appropriations); (3) sec. 3, ch. 96, SLA 1985, page 16, line 5 (Central Region general fund match and related costs for FY86 appropriated federal aid aviation projects - $1,350,000) as amended by sec. 46(a)(35), ch. 100, SLA 1997 (repealing not more than $1,500,000 of the general fund balances from a number of appropriations); (4) sec. 3, ch. 128, SLA 1986, page 12, line 25, and allocated on page 13, line 4 (Central Region general fund match and related costs for appropriated FY87 federal aid highways projects - $6,050,000) as amended by sec. 46(a)(20), ch. 100, SLA 1997 (repealing not more than $1,500,000 of the general fund balances from a number of appropriations), and sec. 115(a)(10), ch. 139, SLA 1998 (repealing not more than $1,500,000 of the general fund balances of a number of appropriations); 2001-05-08 House Journal Page 1786 (5) sec. 3, ch. 128, SLA 1986, page 14, line 18, and allocated on line 19 (Central Region general fund match and related costs for FY87 appropriated federal aid aviation projects - $1,240,000) as amended by sec. 46(a)(37), ch. 100, SLA 1997 (repealing not more than $1,500,000 of the general fund balances from a number of appropriations), and sec. 115(a)(11), ch. 139, SLA 1998 (repealing not more than $1,500,000 of the general fund balances of a number of appropriations); and (6) sec. 3, ch. 128, SLA 1986, page 18, line 10, and allocated on line 11 (Northern Region general fund match and related costs for FY87 appropriated federal aid aviation projects - $2,100,000) as amended by sec. 46(a)(38), ch. 100, SLA 1997 (repealing not more than $1,500,000 of the general fund balances from a number of appropriations)." Page 113, following line 9: Insert new bill sections to read: "* Sec. 86. DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT. Section 1, CCS HB 103, Twenty-Second Alaska State Legislature, page 13, lines 13 - 15, is amended to read: APPR GNR OTHR ALLOC ITEMS FUND FNDS Kotzebue Technical Center 600,000 600,000 [130,000] [130,000] Kotzebue Technical Center 600,000 Operations Grant [130,000] * Sec. 87. DEPARTMENT OF ENVIRONMENTAL CONSERVATION. The sum of $1,000,000 is appropriated from designated program receipts received through the Alaska Marine Coastal Protection Compact with commercial cruise line operators to the Department of Environmental Conservation for purposes of oversight, monitoring, and enforcement activities under the memorandum of understanding for the fiscal years ending June 30, 2001, and June 30, 2002. * Sec. 88. DEPARTMENT OF HEALTH AND SOCIAL SERVICES. (a) Section 1, CCS HB 103, Twenty-Second Alaska State Legislature, page 21, line 17, is amended to read: 2001-05-08 House Journal Page 1787 APPR GNR OTHR ITEMS FUND FUNDS State Health Services 103,544,600 26,959,700 76,584,900 [102,532,500][28,459,700] [74,072,800] (b) Section 1, CCS HB 103, Twenty-Second Alaska State Legislature, page 22, line 12, is amended to read: ALLOC Tobacco Prevention 2,512,100 and Control [1,500,000] (c) Section 3, CCS HB 103, Twenty-Second Alaska State Legislature, page 46, line 6, is amended to read: General Fund Match 194,870,000 [180,279,500] (d) Section 3, CCS HB 103, Twenty-Second Alaska State Legislature, page 46, line 14, is amended to read: Tobacco Settlement -0- [14,590,500] * Sec. 89. LEGISLATIVE BUDGET AND AUDIT. The sum of $1,500,000 is appropriated from the general fund for the fiscal years ending June 30, 2001, and June 30, 2002, to Legislative Budget and Audit Committee for contracts with the Department of Natural Resources for reports, and studies, including demand, supply, reservoir, fiscal regime, and preparing the state to issue permits for gas pipeline projects. * Sec. 90. MUNICIPALITY OF ANCHORAGE. The sum of $9,500 is appropriated from the investment loss trust fund (AS 37.14.300) to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the Municipality of Anchorage for the Anchorage Coalition of Community Patrols." Renumber the following bill sections accordingly. Page 113, line 28, following "25(l),": Insert "30(d)," 2001-05-08 House Journal Page 1788 Page 113, line 29, following "74(b),": Insert "75(b), 75(c)" Page 113, line 29, following "78(f),": Insert "81(e)," Page 114, line 5: Delete "is" Insert "and secs. 86 and 88" Page 114, line 21: Delete "46 - 71" Insert "46 - 70, 71(a), 71(b)," Page 114, line 21: Delete "and 87 - 90" Insert "87, 89, 92, 93, and 95(a)" Page 114, line 23, following "29,": Insert "34(c)," Page 114, line 23: Delete "and 82" Insert "71(d), 82, and 83(b)" Page 114, line 24: Delete "and 79(a)(2)" Insert ",79(a)(2), 86, and 88" Page 114, line 26: Delete "89, 90(b), and 91" Insert "94, 95(b), and 96" Representative Mulder moved and asked unanimous consent that Amendment No. 14 be adopted. There being no objection, it was so ordered. The question being: "Shall HCS CSSB 29(FIN) am H pass the House?" The roll was taken with the following result: 2001-05-08 House Journal Page 1789 HCS CSSB 29(FIN) am H Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Kookesh And so, HCS CSSB 29(FIN) am H passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative James moved that the appropriations from the constitutional budget reserve fund (art. IX, sec. 17(c), Constitution of the State of Alaska) be adopted. The question being: "Shall the appropriations from the constitutional budget reserve fund (art. IX, sec. 17(c), Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: HCS CSSB 29(FIN) am H Third Reading Constitutional Budget Reserve Appropriations YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2001-05-08 House Journal Page 1790 Absent: Kookesh And so, the appropriations from the constitutional budget reserve fund (art. IX, sec. 17(c), Constitution of the State of Alaska) were adopted. In accordance with Rule 43(b) of the Uniform Rules, the Speaker waived engrossment of HCS CSSB 29(FIN) am H, and it was referred to the Chief Clerk for transmittal to the Senate with copies of certified amendments attached. UNFINISHED BUSINESS HB 95 Representative Ogan moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 95 "An Act relating to control of space in the state capitol and other buildings occupied by the legislature and its agencies; and providing for an effective date." Representative Berkowitz objected and withdrew the objection. There being no further objection, HB 95 was withdrawn. HB 76 Representative Cissna added her name as cosponsor to: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 76(FIN)(efd fld H) "An Act providing for and relating to the issuance of certificates of participation to finance construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of and approving the entry into and the issuance of certificates of participation in a lease-purchase agreement for construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of the intent and approval to retain investment income from pertinent appropriations to be applied to the cost of construction of a new facility to be known as the Alaska 2001-05-08 House Journal Page 1791 Psychiatric Institute; relating to the construction of a facility to be known as the Alaska Psychiatric Institute." HB 172 Representative Mulder added his name as cosponsor to: SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." SB 137 Representative Morgan added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 137(FIN) "An Act relating to the allocation of money appropriated to the Alaska Human Resource Investment Council; and providing for an effective date." SB 145 Representative Halcro added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 145(FIN) "An Act relating to regional and village public safety officers; relating to the expansion of the village public safety officer program to include the provision of probation and parole supervision services; and relating to retirement benefits for village public safety officers; and providing for an effective date." SB 152 Representative Rokeberg added his name as cross sponsor to: HOUSE CS FOR SENATE BILL NO. 152(FIN) am H "An Act relating to the handling of and interest on contract controversies involving the Department of Transportation and Public Facilities or state agencies to whom the Department of Transportation and Public Facilities delegates the responsibility for handling the controversies." 2001-05-08 House Journal Page 1792 SB 218 Representative Rokeberg added his name as cross sponsor to: CS FOR SENATE BILL NO. 218(TRA) am "An Act relating to international airports revenue bonds and requiring that the spending plan for the International Airports Construction Fund include information about the amounts spent during the previous fiscal year for cost overruns on certain projects and the identification of time delays on certain projects; relating to customer facility charges to fund facilities in airports to be constructed without using international airport revenue bonds; and providing for an effective date." SCR 14 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: SENATE CONCURRENT RESOLUTION NO. 14 Establishing the Joint Committee on Natural Gas Pipelines. SCR 15 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: SENATE CONCURRENT RESOLUTION NO. 15 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 177, placing certain special interest organizations within the definition of "group" for purposes of Alaska's campaign finance statutes; and requiring disclosure of the true source of campaign contributions. SJR 21 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: 2001-05-08 House Journal Page 1793 CS FOR SENATE JOINT RESOLUTION NO. 21(HES) Urging the United States Congress to extend the authorization date for supplemental block grants to the State of Alaska under the Federal Temporary Assistance to Needy Families Program. SB 86 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 86(FIN) "An Act relating to employment of teachers who have subject- matter expertise; and providing for an effective date." SB 198 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 198(HES) "An Act establishing the Statewide Suicide Prevention Council; and providing for an effective date." ENGROSSMENT HCR 14 HCR 14 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 18 HCR 18 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 72 HCS CSSB 72(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 105 HCS CSSB 105(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2001-05-08 House Journal Page 1794 SB 133 HCS CSSB 133(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 137 HCS CSSB 137(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 145 HCS CSSB 145(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 149 HCS CSSSSB 149(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 152 HCS SB 152(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 158 HCS CSSB 158(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 172 HCS CSSB 172(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 174 HCS CSSB 174(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ADJOURNMENT Representative Kapsner moved and asked unanimous consent that the House adjourn until 11:00 a.m., January 14, 2002. There being no objection, the House adjourned at 11:52 p.m. Suzi Lowell Chief Clerk