Legislature(2001 - 2002)

2002-03-06 House Journal

Full Journal pdf

2002-03-06                     House Journal                      Page 2475
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                 Wednesday                 March 6, 2002                            
                                                                                                    
                            Fifty-second Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:07 a.m.                                                                                
                                                                                                    
Roll call showed 34 members present.  Representatives Mulder and                                    
Whitaker had been previously excused from a call of the House today.                                
Representative Wilson was excused from a call of the House today                                    
because of illness.  Representatives Croft and Kott were absent and                                 
their presence was noted later.  Representative Masek was absent.                                   
                                                                                                    
The invocation was offered by the Chaplain Marie Helm of the                                        
Christian Science Church.  Representative Green moved and asked                                     
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it appears below:                                                               
                                                                                                    
    ' … brethren, whatsoever things are true, whatsoever things                                     
    are honest, whatsoever things are just, whatsoever things are                                   
    pure, whatsoever things are lovely, whatsoever things are of                                    
    good report; if there be any virtue, and if there be any praise,                                
    think on these things.  … and the God of peace shall be with                                    
    you.'  (Phil. 4:8, 9)                                                                           
                                                                                                    
    Dear Father,                                                                                    
                                                                                                    
    We begin our day with gratitude for the opportunity to come                                     
    together in service to You and the people of this state and                                     
    with a sincere appreciation for the unique qualities each                                       
    member of this body contributes to the collective work.  Still                                  
    our thoughts and open our hearts and minds so that we may                                       
    hear Your right ideas guiding us to solutions that bless                                        
    everyone.  Establish in each of us a calm, quiet humility that                                  
    is receptive and ready to see the multitude of possibilities for                                

2002-03-06                     House Journal                      Page 2476
    achieving good residing within the challenges we face.  Let                                     
    each of us feel the grace of Your love and wisdom guiding                                       
    our work and bringing peace and unity to all we undertake.                                      
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Halcro.                                          
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 50th and 51st legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Members and staff from the Yukon Legislative Assembly were guests                                   
in the House Chamber today.                                                                         
                                                                                                    
                                                                                                    
Representative Dyson introduced Mike McLarnon, Deputy Speaker,                                      
Member for Whitehorse Centre; and Eric Fairclough, Leader of the                                    
Official Opposition, Member for Mayo-Tatchun.                                                       
                                                                                                    
                                                                                                    
Representative James introduced Gary McRobb, Member for Kluane;                                     
and Peter Jenkins, Leader of the Yukon Party, Member for Klondike.                                  
                                                                                                    
                                                                                                    
Representative McGuire introduced Scott Kent, Minister of Economic                                  
Development, Member for Riverside; Pat Michael, Clerk of the                                        
Legislative Assembly; and Floyd McCormick, Deputy Clerk of the                                      
Legislative Assembly.                                                                               
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated March 4, 2002, was read stating the Senate has                                      
passed the following and it is transmitted for consideration:                                       

2002-03-06                     House Journal                      Page 2477
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 266                                                                                            
CS FOR SENATE BILL NO. 266(RES) by the Senate Resources                                             
Committee, entitled:                                                                                
                                                                                                    
    "An Act authorizing the commissioner of community and                                           
    economic development to refinance and extend the term of a                                      
    fishery enhancement loan."                                                                      
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published today in                             
House Journal Supplement No. 7 and Senate and House Joint Journal                                   
Supplement No. 14.                                                                                  
                                                                                                    
The following was received:                                                                         
                                                                                                    
Office of the Governor                                                                              
Alaska State Commission for Human Rights                                                            
2001 Annual Report                                                                                  
(as required by AS 18.80.150)                                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
The Judiciary Committee has reviewed the qualifications of:                                         
                                                                                                    
                           William A. Granger                                                      
                  Board of Governors of the Alaska Bar                                             
                                                                                                    
and recommends the following:                                                                       
                                                                                                    
Confirm (5):  Coghill, Meyer, Berkowitz, Kookesh, Rokeberg                                          
                                                                                                    
No recommendation (1):  James                                                                       
                                                                                                    
                                                                                                    

2002-03-06                     House Journal                      Page 2478
                           Jeffrey M. Feldman                                                      
                     Commission on Judicial Conduct                                                
                                                                                                    
and recommends the following:                                                                       
                                                                                                    
Confirm (4):  Coghill, Meyer, Berkowitz, Rokeberg                                                   
                                                                                                    
                                                                                                    
                        Leslie D. Bogda Wheeler                                                    
                   Violent Crimes Compensation Board                                               
                                                                                                    
and recommends the following:                                                                       
                                                                                                    
Confirm (5):  Coghill, Kookesh, Meyer, Berkowitz, Rokeberg                                          
                                                                                                    
No recommendation (1):  James                                                                       
                                                                                                    
The reports were signed by Representative Rokeberg, Chair.                                          
                                                                                                    
                                                                                                    
HB 128                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 128                                                                              
    "An Act relating to employment of certain minors in agriculture."                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 128(L&C)                                                                  
    "An Act relating to the required approval of the commissioner of                                
    labor and workforce development for the employment of certain                                   
    minors."                                                                                        
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Rokeberg, Meyer, Hayes, Crawford, Kott, Murkowski                                     
                                                                                                    
No recommendation (1):  Halcro                                                                      
                                                                                                    

2002-03-06                     House Journal                      Page 2479
The following fiscal note(s) apply to CSHB 128(L&C):                                                
                                                                                                    
1.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
HB 128 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 252                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 252                                                                              
    "An Act relating to the construction of certain statutes relating to                            
    children; relating to the scope of duty and standard of care for                                
    persons who provide services to certain children and families; and                              
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 252(JUD)                                                                  
    "An Act relating to the construction of certain statutes relating to                            
    children; relating to the scope of duty and standard of care for                                
    persons who provide services to certain children and families;                                  
    relating to intensive family preservation services; and providing                               
    for an effective date."                                                                         
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
No recommendation (3):  Berkowitz, Meyer, Kookesh                                                   
                                                                                                    
Amend (2):  Coghill, Rokeberg                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 252(JUD):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 252 was referred to the Finance Committee.                                                       
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    

2002-03-06                     House Journal                      Page 2480
HB 288                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 288                                                                              
    "An Act relating to commercial fisheries limited entry permit buy-                              
    back programs."                                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 288(FIN)                                                                  
    "An Act relating to commercial fishing limited entry permit buy-                                
    back programs, to a permit buy-back assessment, and to voluntary                                
    relinquishment of commercial fishing permits; and defining                                      
    'optimum number.'"                                                                              
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Harris, Moses, Lancaster, Hudson, Foster, Mulder,                                     
Williams                                                                                            
                                                                                                    
No recommendation (2):  Bunde, Davies                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 288(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Zero, Dept. of Revenue                                                                          
3.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
HB 288 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 418                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 418                                                                              
    "An Act amending the Alaska Corporations Code as it relates to                                  
    delivery of annual reports, notice of shareholders' meetings, proxy                             
    statements, and other information to shareholders, and providing                                
    for electronic proxy voting."                                                                   
                                                                                                    

2002-03-06                     House Journal                      Page 2481
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 418(L&C)                                                                  
    "An Act amending the Alaska Corporations Code as it relates to                                  
    delivery of annual reports, notice of shareholders' meetings, proxy                             
    statements, and other information and items to shareholders, to                                 
    voting, and to proxies, including electronic proxy voting and                                   
    proxy signing; and providing for an effective date."                                            
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Meyer, Hayes, Crawford, Halcro, Murkowski                                             
                                                                                                    
No recommendation (2):  Rokeberg, Kott                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 418(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 418 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 439                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 439                                                                              
    "An Act removing provisions providing an opportunity to petition                                
    for review of proposed consistency determinations under the                                     
    Alaska coastal zone management program."                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 439(RES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Fate, Vice Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    

2002-03-06                     House Journal                      Page 2482
Do pass (5):  Stevens, Green, McGuire, Chenault, Fate                                               
                                                                                                    
Do not pass (1):  Kapsner                                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 439(RES):                                                
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
HB 439 is on today's calendar.                                                                      
                                                                                                    
SB 208                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 208(L&C) am                                                              
    "An Act relating to the labeling of, the advertising of, and the                                
    disclosure of certain information about halibut, salmon, halibut                                
    products, and salmon products."                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 208(RES)                                                    
    "An Act relating to the labeling of, the advertising of, the                                    
    identification of, and the disclosure of certain information about                              
    halibut, salmon, sablefish, halibut products, salmon products, and                              
    sablefish products."                                                                            
                                                                                                    
    (pending authorization by a concurrent resolution)                                              
                                                                                                    
The report was signed by Representative Scalzi, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Kapsner, Kerttula, Stevens, Green, McGuire, Fate, Scalzi                              
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 208(RES):                                            
                                                                                                    
2.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
CSSB 208(L&C) am was referred to the Rules Committee for                                            
placement on the calendar.                                                                          
                                                                                                    

2002-03-06                     House Journal                      Page 2483
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HJR 44                                                                                            
The House Special Committee on Oil & Gas has considered:                                            
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 44                                                                   
    Urging the President of the United States, the United States                                    
    Congress, and appropriate federal officials to support the                                      
    construction and operation of the Alaska Highway Natural Gas                                    
    Pipeline route.                                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 44(O&G)                                                       
    Strongly urging the President of the United States, the United                                  
    States Congress, and appropriate federal officials to support the                               
    construction and operation of the Alaska Highway Natural Gas                                    
    Pipeline route.                                                                                 
                                                                                                    
                                                                                                    
The report was signed by Representative Ogan, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Chenault, Fate, Guess, Joule, Ogan                                                    
                                                                                                    
No recommendation (1):  Kohring                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHJR 44(O&G):                                                
                                                                                                    
1.  Zero, House Special Committee on Oil & Gas                                                      
                                                                                                    
HJR 44 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
HJR 45                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 45                                                                   
    Relating to the labeling of salmon food products.                                               
                                                                                                    

2002-03-06                     House Journal                      Page 2484
The report was signed by Representative Stevens, Co-chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Coghill, Scalzi, Kerttula, Kapsner, Stevens                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Special Committee on Fisheries                                                      
                                                                                                    
HJR 45 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
HB 208                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE BILL NO. 208                                                                              
    "An Act relating to aquatic farming of shellfish; and providing for                             
    an effective date."                                                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 208(FSH)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Stevens, Co-chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Scalzi, Stevens                                                                       
                                                                                                    
Amend (3):  Coghill, Kerttula, Kapsner                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 208(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
2.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
HB 208 was referred to the Resources Committee.                                                     
                                                                                                    
HB 287                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    

2002-03-06                     House Journal                      Page 2485
    HOUSE BILL NO. 287                                                                              
    "An Act relating to the exemption of commercial fishing entry                                   
    permits from claims of creditors, to loans to satisfy past due                                  
    federal tax obligations of commercial fishing entry permit holders,                             
    and to loan origination charges for loans made by the commercial                                
    fishing loan program to refinance a debt obligation; and providing                              
    for an effective date."                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 287(FSH)                                                                  
    "An Act relating to the exemption of commercial fishing entry                                   
    permits from claims of creditors, to loans to satisfy past due                                  
    federal tax obligations of commercial fishing entry permit holders,                             
    to the legal status of limited entry permits, and to loan origination                           
    charges for loans made by the commercial fishing loan program to                                
   refinance a debt obligation; and providing for an effective date."                              
                                                                                                    
The report was signed by Representative Stevens, Co-chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Scalzi, Kapsner, Stevens                                                              
                                                                                                    
Amend (2):  Coghill, Kerttula                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 287(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 287 was referred to the Resources Committee.                                                     
                                                                                                    
HB 438                                                                                            
The House Special Committee on Military & Veterans' Affairs has                                     
considered:                                                                                         
                                                                                                    
    HOUSE BILL NO. 438                                                                              
    "An Act relating to motor vehicle registration plates for disabled                              
    veterans; and providing for an effective date."                                                 
                                                                                                    

2002-03-06                     House Journal                      Page 2486
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 438(MLV)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Chenault, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Masek, Kott, Green, Murkowski, Hayes, Chenault                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 438(MLV):                                                
                                                                                                    
1.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
HB 438 was referred to the State Affairs Committee.                                                 
                                                                                                    
                                                                                                    
HB 462                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE BILL NO. 462                                                                              
    "An Act relating to the release of certain confidential records and                             
    reports concerning fishing, fish buying, or fish processing; and                                
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Stevens, Co-chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Scalzi, Stevens                                                                       
                                                                                                    
No recommendation (3):  Coghill, Kapsner, Kerttula                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 462 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    

2002-03-06                     House Journal                      Page 2487
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - University of Alaska Anchorage, School of Nursing                                        
By Senator Leman                                                                                    
                                                                                                    
The following citations were introduced and taken up later as a Special                             
Order of Business:                                                                                  
                                                                                                    
Honoring - Richard Frank, Elder of the Year                                                         
By Senator Lincoln                                                                                  
                                                                                                    
In Memoriam - Effie Kokrine "Grandma Effie" 1919 - 2001                                             
By Senator Lincoln; Representative Fate                                                             
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HCR 29                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 29 by the House                                                     
Resources Committee:                                                                                
                                                                                                    
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 208,                                   
    relating to the labeling of, the advertising of, and the disclosure of                          
    certain information about halibut, salmon, halibut products, and                                
    salmon products.                                                                                
                                                                                                    
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 503                                                                                            
HOUSE BILL NO. 503 by the House Resources Committee, entitled:                                      
                                                                                                    

2002-03-06                     House Journal                      Page 2488
    "An Act relating to evaluating state assumption of the wastewater                               
    discharge program under the federal Clean Water Act; and                                        
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 262                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 262                                                                              
    "An Act relating to accounting for and appropriations of receipts                               
    from fees collected by the Department of Labor and Workforce                                    
    Development for certain inspections and for certain plumbing and                                
    electrical worker certificates of fitness; establishing a building                              
    safety account; and providing for an effective date."                                           
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 4DP 3NR                                                   2109                             
 FN1: (LWF)                                                        2110                             
 FIN RPT 10DP                                                      2431                             
 FN2: (LWF)                                                        2431                             
                                                                                                    
Representative James moved and asked unanimous consent that                                         
HB 262 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 262 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 262 pass the House?"  The roll was                                   
taken with the following result:                                                                    

2002-03-06                     House Journal                      Page 2489
                                                                                                    
HB 262                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  3   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, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan,                                          
Porter, Rokeberg, Scalzi, Stevens, Williams                                                         
                                                                                                    
Excused:  Mulder, Whitaker, Wilson                                                                  
                                                                                                    
Absent:  Masek                                                                                      
                                                                                                    
And so, HB 262 passed the House.                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 262 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                                                                                                    
HB 439                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 439                                                                              
    "An Act removing provisions providing an opportunity to petition                                
    for review of proposed consistency determinations under the                                     
    Alaska coastal zone management program."                                                        
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 O&G RPT 7DP                                                       2406                             
 FN1: ZERO(GOV)                                                    2406                             
 RES RPT CS(RES) 5DP 1DNP                                          2481                             
 FN1: ZERO(GOV)                                                    2482                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             

2002-03-06                     House Journal                      Page 2490
    CS FOR HOUSE BILL NO. 439(RES)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Title Amendment No. 1 was offered  by Representative Ogan:                                           
                                                                                                    
Page 1, line 2, following "proposed":                                                             
 Insert "or final"                                                                                
                                                                                                    
Page 1, line 3, following "program":                                                              
 Insert "; and limiting the authority of the Alaska Coastal Policy                                
Council to order a coastal resource district or a state agency to                                 
take action with respect to a proposed or final consistency                                       
determination"                                                                                    
                                                                                                    
                                                                                                    
Representative Ogan moved and asked unanimous consent that Title                                    
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered and the new title appears below:                                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 439(RES)(title am)                                                        
    "An Act removing provisions providing an opportunity to petition                                
    for review of proposed or final consistency determinations under                                
    the Alaska coastal zone management program; and limiting the                                    
    authority of the Alaska Coastal Policy Council to order a coastal                               
    resource district or a state agency to take action with respect to a                            
    proposed or final consistency determination."                                                   
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
439(RES)(title am) be considered engrossed, advanced to third                                       
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 439(RES)(title am) was read the third time.                                                    
                                                                                                    
Representative Meyer moved and asked unanimous consent that he be                                   
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Meyer was required to vote.                                           

2002-03-06                     House Journal                      Page 2491
The question being:  "Shall CSHB 439(RES)(title am) pass the                                        
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 439(RES)(title am)                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  3   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies,                                
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Morgan, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens,                                  
Williams                                                                                            
                                                                                                    
Nays:  Kapsner                                                                                      
                                                                                                    
Excused:  Mulder, Whitaker, Wilson                                                                  
                                                                                                    
Absent:  Cissna, Masek, Moses                                                                       
                                                                                                    
And so, CSHB 439(RES)(title am) passed the House.                                                   
                                                                                                    
                                                                                                    
Representative Kapsner gave notice of reconsideration of her vote on                                
CSHB 439(RES)(title am) and moved and asked unanimous consent                                       
that the reconsideration be held until March 13, 2002.  There being no                              
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 439                                                                                            
Representative Kerttula moved and asked unanimous consent that the                                  
reconsideration of CSHB 439(RES)(title am) be taken up on the same                                  
day.                                                                                                
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being: "Shall the reconsideration of CSHB
439(RES)(title am) be taken up on the same day?"  The roll was taken                                
with the following result:                                                                          
                                                                                                    

2002-03-06                     House Journal                      Page 2492
                                                                                                    
CSHB 439(RES)(title am)                                                                             
Third Reading                                                                                       
Take up Reconsideration on the Same Day                                                             
                                                                                                    
YEAS:  31   NAYS:  3   EXCUSED:  3   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Davies, Dyson, Fate,                                   
Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                  
Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer,                                        
Morgan, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens,                                         
Williams                                                                                            
                                                                                                    
Nays:  Bunde, Croft, Kapsner                                                                        
                                                                                                    
Excused:  Mulder, Whitaker, Wilson                                                                  
                                                                                                    
Absent:  Crawford, Masek, Moses                                                                     
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 439(RES)(title am)                                                        
    "An Act removing provisions providing an opportunity to petition                                
    for review of proposed or final consistency determinations under                                
    the Alaska coastal zone management program; and limiting the                                    
    authority of the Alaska Coastal Policy Council to order a coastal                               
    resource district or a state agency to take action with respect to a                            
    proposed or final consistency determination."                                                   
                                                                                                    
The question to be reconsidered:  "Shall CSHB 439(RES)(title am)                                    
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
CSHB 439(RES)(title am)--RECONSIDERATION                                                            
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  3   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies,                                  
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire,                                 
Meyer, Morgan, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens,                                  
Williams                                                                                            

2002-03-06                     House Journal                      Page 2493
Nays:  Kapsner                                                                                      
                                                                                                    
Excused:  Mulder, Whitaker, Wilson                                                                  
                                                                                                    
Absent:  Crawford, Masek, Moses                                                                     
                                                                                                    
And so, CSHB 439(RES)(title am) passed the House on                                                 
reconsideration and was referred to the Chief Clerk for engrossment.                                
                                                                                                    
                         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 - Audrey Breed                                                                             
By Representatives Lancaster, Porter, Berkowitz, Bunde, Chenault,                                   
Cissna, Crawford, Croft, Davies, Guess, Halcro, Harris, Hayes,                                      
Hudson, James, Joule, Kapsner, Kerttula, Kott, McGuire, Meyer,                                      
Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens,                                         
Williams, Wilson                                                                                    
                                                                                                    
In Memoriam - Thomas "Skip" Woodford                                                                
By Representatives Lancaster, Porter, Berkowitz, Bunde, Chenault,                                   
Cissna, Crawford, Croft, Davies, Foster, Guess, Halcro, Harris, Hayes,                              
Hudson, James, Joule, Kapsner, Kerttula, Kott, McGuire, Meyer,                                      
Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens,                                         
Williams, Wilson                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Crawford - from 6:56 p.m., March 7 to 9:35 p.m.,                                     
plane time, March 12; and from 2:05 p.m., March 28 to 9:35 p.m.,                                    
plane time, April 1, 2002                                                                           
                                                                                                    
Representative Hayes - from 7:09 a.m., March 7 to 9:30 p.m., plane                                  
time, March 12, 2002                                                                                

2002-03-06                     House Journal                      Page 2494
Representative McGuire - from 1:50 p.m., March 7 to 1:05 p.m., plane                                
time, March 13, 2002                                                                                
                                                                                                    
Representative Kapsner - from 11:50 a.m., March 8 to 1:05 p.m., plane                               
time, March 10, 2002                                                                                
                                                                                                    
Representative Kookesh - from 7:59 a.m., March 8 to 6:59 p.m., plane                                
time, March 12, 2002                                                                                
                                                                                                    
Representative Masek - from 5:00 p.m., March 28 to 10:00 a.m., plane                                
time, April 1, 2002                                                                                 
                                                                                                    
Representative Murkowski - from 7:09 a.m., March 28 to 10:04 a.m.,                                  
plane time, April 1, 2002                                                                           
                                                                                                    
Representative Stevens - from 2:05 p.m., March 28 to 10:04 a.m.,                                    
plane time, April 1, 2002                                                                           
                                                                                                    
Representative Kohring - from 2:05 p.m., March 22 to 10:04 a.m.,                                    
plane time, March 25; and withdrawal of previous excused absence                                    
from March 15 to March 17, 2002 (page 2415)                                                         
                                                                                                    
Representative Kott - withdrawal of previous excused absence from                                   
March 16 to March 17, 2002 (page 2189)                                                              
                                                                                                    
Representative Harris - from 7:00 a.m., March 7 to 9:35 p.m., plane                                 
time, March 12, 2002 (amended from page 2169)                                                       
                                                                                                    
Representative Williams - from 1:35 p.m., March 6 to 1:20 p.m., plane                               
time, March 13, 2002 (amended from page 2368)                                                       
                                                                                                    
HB 314                                                                                            
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Williams, Co-chair:                                                
                                                                                                    
    HOUSE BILL NO. 314                                                                              
    "An Act relating to service in the peace corps as an allowable                                  
    absence from the state for purposes of eligibility for permanent                                
    fund dividends; and providing for an effective date."                                           
                                                                                                    

2002-03-06                     House Journal                      Page 2495
HB 314 was removed from the Finance Committee and referred to the                                   
Rules Committee for placement on the calendar.                                                      
                                                                                                    
HB 312                                                                                            
The Speaker returned the following to the Finance Committee:                                        
                                                                                                    
    HOUSE BILL NO. 312                                                                              
    "An Act relating to the delay of the reduction of supplementary                                 
    public school funding; and providing for an effective date."                                    
                                                                                                    
HB 312 was removed from the Rules Committee and returned to the                                     
Finance Committee.                                                                                  
                                                                                                    
HB 128                                                                                            
The Speaker added a Finance Committee referral for the following:                                   
                                                                                                    
    HOUSE BILL NO. 128                                                                              
    "An Act relating to employment of certain minors in agriculture."                               
                                                                                                    
HB 128 was removed from the Rules Committee and referred to the                                     
Finance Committee.                                                                                  
                                                                                                    
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
citation, In Memoriam - Effie Kokrine "Grandma Effie" 1919 - 2001,                                  
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                                     
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
In Memoriam - Effie Kokrine "Grandma Effie" 1919 - 2001                                             
By Senator Lincoln; Representatives Fate, Porter, Berkowitz, Bunde,                                 
Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Foster, Green,                                  
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kookesh, Kohring, Kookesh, Kott, Lancaster, McGuire,                                      
Meyer, Morgan, Murkowski, Rokeberg, Scalzi, Stevens, Williams                                       

2002-03-06                     House Journal                      Page 2496
Representative James moved and asked unanimous consent that the                                     
citation, Honoring - Richard Frank, Elder of the Year, 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                                     
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - Richard Frank, Elder of the Year                                                         
By Senator Lincoln; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Green,                                    
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kookesh, Kohring, Kookesh, Kott, Lancaster, McGuire,                                      
Meyer, Morgan, Murkowski, Rokeberg, Scalzi, Stevens, Williams                                       
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HJR 45                                                                                            
Representatives Stevens, Coghill, Scalzi, and Crawford added their                                  
names as cosponsors to:                                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 45                                                                   
    Relating to the labeling of salmon food products.                                               
                                                                                                    
HB 208                                                                                            
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 208                                                                              
    "An Act relating to aquatic farming of shellfish; and providing for                             
    an effective date."                                                                             
                                                                                                    
HB 409                                                                                            
Representative Kohring added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 409                                                                              
    "An Act rejecting the use of daylight saving time."                                             
                                                                                                    
HB 451                                                                                            
Representative Stevens added his name as cosponsor to:                                              

2002-03-06                     House Journal                      Page 2497
    HOUSE BILL NO. 451                                                                              
    "An Act relating to municipal bond reimbursement for school                                     
    construction; and providing for an effective date."                                             
                                                                                                    
HB 470                                                                                            
Representative Scalzi added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 470                                                                              
    "An Act relating to common interest ownership; and providing for                                
    an effective date."                                                                             
                                                                                                    
HB 489                                                                                            
Representatives James and Foster added their names as cosponsors to:                                
                                                                                                    
    HOUSE BILL NO. 489                                                                              
    "An Act relating to cruelty to animals."                                                        
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 262                                                                                            
HB 262 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 439                                                                                            
CSHB 439(RES)(title am) was engrossed, signed by the Speaker and                                    
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HCR 12                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:53 p.m.,                                 
March 5, 2002:                                                                                      
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 12                                                              
    Relating to the preservation of employment opportunities for                                    
    United States longshoremen with respect to unloading and loading                                
    of foreign vessels.                                                                             
                                                                                                    

2002-03-06                     House Journal                      Page 2498
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 2:00 p.m., March 13, 2002.  There being no                                      
objection, the House adjourned at 11:16 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk