Legislature(2001 - 2002)
2002-03-15 House Journal
Full Journal pdf2002-03-15 House Journal Page 2535 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 15, 2002 Sixty-first Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:06 a.m. Roll call showed 36 members present. Representative Dyson had been previously excused from a call of the House today. Representatives Kott and Rokeberg were absent and their presence was noted later. Representative James moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Kookesh - until 5:00 p.m. today Representative James - from 11:10 a.m. to 11:40 a.m. today The invocation was offered by the Chaplain, Connie Munro of the Juneau Unitarian Universalist Fellowship. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Let us pray: Take Courage Friends The way is often hard, the path is never clear, And the stakes are very high. Take courage. For deep down, there is another truth: You are not alone. from The Living Tradition by Wayne B. Arnason 2002-03-15 House Journal Page 2536 An Irish Blessing May the road rise to meet you. May the wind be always at your back. May the sun shine warm upon your face. May the rains fall upon your fields. And until we meet again May the Lord hold you in the palm of His hand. The Pledge of Allegiance was led by Representative Kapsner. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 59th and 60th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Mulder introduced Federico Milanetti from Italy and Christian Nielsen from Denmark, Guest Pages. MESSAGES FROM THE GOVERNOR A letter dated March 6, 2002, was read stating that, in accordance with Article III, Section 19 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee: Alaska Air National Guard - Brigadier General Colonel Jim Robinson - Fort Richardson Colonel Tim Scott - Eielson Air Force Base Colonel Gene Ramsay - Kulis ANG Base Space and Missile Defense - Brigadier General Colonel Jim Welch - Anchorage 2002-03-15 House Journal Page 2537 A letter dated March 11, 2002, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the boards noted. The Speaker referred the following to the Labor & Commerce Committee: Board of Nursing Barbara Berner Appointed: 06/02/1998 Reappointed: 03/08/2002 Term Expires: 03/01/2006 Board of Pharmacy Margaret Soden Appointed: 12/11/1998 Reappointed: 03/08/2002 Term Expires: 03/01/2006 Resumes for the appointments are on file in the Chief Clerk's office. **The presence of Representative Kott was noted. A Declaration of Disaster Emergency dated March 3, 2002, with an accompanying letter was received and is on file in the Chief Clerk's office. The Declaration and letter had been copied to the Finance Committee. MESSAGES FROM THE SENATE Messages dated March 6 and 13, 2002, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 11 CS FOR SENATE BILL NO. 11(FIN) by the Senate Finance Committee, entitled: "An Act relating to required school attendance; and providing for an effective date." 2002-03-15 House Journal Page 2538 was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services Committee. SB 297 SENATE BILL NO. 297 by Senator Wilken, entitled: "An Act moving employees of the Alaska mental health trust land unit of the Department of Natural Resources from the partially exempt service to the exempt service." was read the first time and referred to the State Affairs Committee. SB 337 SENATE BILL NO. 337 by the Senate Finance Committee, entitled: "An Act relating to eligibility for an exemption from municipal property taxes for certain seniors and disabled veterans." was read the first time and referred to the Community & Regional Affairs Committee. SB 343 CS FOR SENATE BILL NO. 343(RES) by the Senate Resources Committee, entitled: "An Act clarifying the term 'best technology' required for use in oil discharge prevention and contingency plans; affirming existing Department of Environmental Conservation regulations defining 'best technology' and oil discharge prevention and contingency plans approved using those regulations; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources Committee. 2002-03-15 House Journal Page 2539 COMMUNICATIONS The following was received: Dept. of Administration Office of the Commissioner Monetary Terms of Agreement Between the Board of Regents of the University of Alaska and the United Academic-Adjuncts March 6, 2002 (as required by AS 23.40.215) The Speaker referred the report to the Finance Committee. The following letter, with attachments, dated March 12, 2002, was received from Fran Ulmer, Lieutenant Governor: "Dear Speaker Porter: I have certified the petition, 'Initiative on Gas Pipeline Development Authority' and have determined that it was properly filed. With the assistance of the Attorney General, I will prepare a ballot title and proposition in accordance with AS 15.45.180. A copy of the proposed law, which will be enacted if a majority of the votes cast on the initiative proposition favor its adoption, is enclosed. If, however, in formal concurrence with the Attorney General, I determine that the Legislature has enacted legislation that is substantially the same as the proposed law before the date of the election, the petition will be declared void and no such ballot proposition will appear. (AS 15.45.210) Please feel free to contact my office should you have any questions or need further information. Sincerely, /s/ Fran Ulmer Lieutenant Governor" 2002-03-15 House Journal Page 2540 The following was received: Dept. of Education & Early Development Alaska State Council on the Arts 2001 Annual Report REPORTS OF STANDING COMMITTEES HCR 26 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 26 Supporting increased use of the house arrest program/electronic monitoring with sobriety monitoring as a means of preventing crime and reducing the high costs of imprisonment in Alaska. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA) (same title) The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (7): Wilson, Crawford, Stevens, James, Fate, Hayes, Coghill The following fiscal note(s) apply to CSHCR 26(STA): 1. Zero, House State Affairs Committee/Legislative Affairs Agency HCR 26 was referred to the Rules Committee for placement on the calendar. HJR 45 The Labor & Commerce Committee has considered: HOUSE JOINT RESOLUTION NO. 45 Relating to the labeling of salmon food products. 2002-03-15 House Journal Page 2541 The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (7): Rokeberg, Meyer, Hayes, Crawford, Kott, Halcro, Murkowski The following fiscal note(s) apply: 1. Zero, House Special Committee on Fisheries HJR 45 was referred to the Rules Committee for placement on the calendar. HB 303 The State Affairs Committee has considered: HOUSE BILL NO. 303 "An Act relating to the levy and collection of a sales tax; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 303(STA) "An Act relating to the levy and collection of a retail sales tax and to collection of municipal taxes." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (2): Stevens, Fate Do not pass (4): Wilson, Crawford, James, Hayes No recommendation (1): Coghill The following fiscal note(s) apply to CSHB 303(STA): 1. Fiscal, Dept. of Revenue HB 303 was referred to the Finance Committee. 2002-03-15 House Journal Page 2542 HB 305 The State Affairs Committee has considered: HOUSE BILL NO. 305 "An Act prohibiting certain state employment, a student loan, or a permanent fund dividend for a person who fails to register for the military selective service; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 305(STA) (same title) The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (5): Wilson, James, Fate, Hayes, Coghill No recommendation (2): Crawford, Stevens The following fiscal note(s) apply to CSHB 305(STA): 1. Zero, Dept. of Revenue HB 305 was referred to the Rules Committee for placement on the calendar. HB 319 The Labor & Commerce Committee has considered: HOUSE BILL NO. 319 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 319(L&C) "An Act relating to civil liability for commercial recreational activities and for guest passengers on an aircraft or watercraft; and providing for an effective date." 2002-03-15 House Journal Page 2543 The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (1): Kott No recommendation (6): Rokeberg, Meyer, Hayes, Crawford, Halcro, Murkowski The following fiscal note(s) apply to CSHB 319(L&C): 1. Zero, Alaska Court System HB 319 was referred to the Judiciary Committee. HB 331 The State Affairs Committee has considered: HOUSE BILL NO. 331 "An Act relating to appointment of persons to positions that require confirmation by the legislature; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 331(STA) (same title) The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (6): Wilson, Stevens, James, Fate, Hayes, Coghill No recommendation (1): Crawford The following fiscal note(s) apply to CSHB 331(STA): 1. Zero, Office of the Governor HB 331 was referred to the Rules Committee for placement on the calendar. 2002-03-15 House Journal Page 2544 HB 355 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 355 "An Act relating to the taxation of mobile telecommunications services by municipalities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 355(CRA) (same title) The report was signed by Representatives Morgan and Meyer, Co- chairs, with the following individual recommendations: Do pass (5): Scalzi, Halcro, Murkowski, Meyer, Morgan No recommendation (1): Guess The following fiscal note(s) apply to CSHB 355(CRA): 1. Zero, Dept. of Revenue HB 355 was referred to the Labor & Commerce Committee. HB 451 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 451 "An Act relating to municipal bond reimbursement for school construction; and providing for an effective date." The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (5): Kohring, Wilson, Cissna, Stevens, Dyson No recommendation (2): Coghill, Joule 2002-03-15 House Journal Page 2545 The following fiscal note(s) apply: 1. Zero, Dept. of Education & Early Development HB 451 was referred to the Finance Committee. HB 497 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 497 "An Act giving notice of and approving the entry into, and the issuance of, certificates of participation for the upgrade, expansion, and replacement of certain correctional facilities and jails; giving notice of and approving the entry into, lease-financing agreements for certain of those projects; and providing for an effective date." The report was signed by Representatives Meyer and Morgan, Co- chairs, with the following individual recommendations: Do pass (2): Guess, Morgan No recommendation (3): Scalzi, Halcro, Meyer The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue 2. Fiscal, Dept. of Corrections HB 497 was referred to the State Affairs Committee. SB 260 The Transportation Committee has considered: SENATE BILL NO. 260 "An Act relating to historic and antique motor vehicles; and providing for an effective date." The report was signed by Representative Kohring, Chair, with the following individual recommendations: 2002-03-15 House Journal Page 2546 Do pass (4): Masek, Ogan, Scalzi, Kohring The following fiscal note(s) apply: 1. Zero, Dept. of Administration SB 260 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES SJR 31 The House Special Committee on Military & Veterans' Affairs has considered: CS FOR SENATE JOINT RESOLUTION NO. 31(STA) Urging the United States Congress to permit the use of tax exempt bonds to fund loans for veterans who served after 1976. 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: 1. Zero, Senate State Affairs Committee CSSJR 31(STA) was referred to the State Affairs Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Joe and Bobbi Fagg, and Ken and Christy Huizenga, Alaska's Official Santa Family By Representatives Porter, James 2002-03-15 House Journal Page 2547 Honoring - Lt. Commander Robert F. Otten By Representative Mulder; Senator Wilken Honoring - Phil Cline, Providence Kodiak Island Medical Center By Representative Stevens; Senator Austerman Honoring - Captain Jimmy Ng, United States Coast Guard By Senator Austerman; Representative Stevens Honoring - D. H. "Dan" Cuddy, 2002 Alaskan of the Year By Senator Leman The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Adella "Lorene" Stump By Senator Leman INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 494 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 494 by Representative Hayes, entitled: "An Act relating to the power of a school board or chief school administrator to take legal action." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 504 HOUSE BILL NO. 504 by the House Rules Committee, entitled: "An Act relating to the wages of people working in the fisheries business." was read the first time and referred to the Labor & Commerce Committee. 2002-03-15 House Journal Page 2548 HB 505 HOUSE BILL NO. 505 by the House Health, Education & Social Services Committee, entitled: "An Act defining the term 'mental health professional' for the purpose of statutes relating to the evaluation of prisoners who may need psychological or psychiatric treatment, for the purpose of statutes relating to the evaluation of children in need of aid and delinquent minors who may need to be confined in a secure residential psychiatric treatment center or who should be released from such a center, for the purpose of statutes requiring certain professionals to report the possibility that a vulnerable adult has been abused or neglected, and for the purpose of statutes relating to mental health civil commitments." was read the first time and referred to the Labor & Commerce and Health, Education & Social Services Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 215 The following was read the second time: HOUSE BILL NO. 215 "An Act relating to the use of pharmaceutical agents in the practice of optometry; and providing for an effective date." with the: Journal Page HES RPT 3DNP 4NR 1197 FN1: ZERO(CED) 1197 L&C RPT CS(L&C) 1DP 5NR 2399 FN2: ZERO(CED) 2400 **The presence of Representative Rokeberg was noted. 2002-03-15 House Journal Page 2549 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 215(L&C) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Bunde: Page 1, line 12, following "agents;": Delete "and (2)" Insert "(2) practices optometry in a location where the services of an ophthalmologist are not regularly available; and (3)" Page 2, line 2, following "attaches." Insert "The endorsement also expires when the licensee who holds the endorsement changes the location of the licensee's practice to a new community; an endorsement that expires solely because of this provision may, without payment of a new fee, be renewed by the board for the remainder of the term for which the endorsement was originally issued upon application to the board and a finding by the board that the services of an ophthalmologist are not regularly available in the new community." Representative Bunde moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Murkowski objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 215(L&C) Second Reading Amendment No. 1 YEAS: 6 NAYS: 31 EXCUSED: 2 ABSENT: 1 2002-03-15 House Journal Page 2550 Yeas: Berkowitz, Bunde, Croft, Green, Harris, Hudson Nays: Chenault, Cissna, Coghill, Crawford, Davies, Fate, Foster, Guess, Halcro, Hayes, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Dyson, Kookesh Absent: Moses And so, Amendment No. 1 was not adopted. Representative James moved and asked unanimous consent that CSHB 215(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 215(L&C) was read the third time. The question being: "Shall CSHB 215(L&C) pass the House?" The roll was taken with the following result: CSHB 215(L&C) Third Reading Final Passage YEAS: 22 NAYS: 16 EXCUSED: 2 ABSENT: 0 Yeas: Chenault, Fate, Foster, Halcro, Harris, Hayes, James, Joule, Kohring, Kott, Lancaster, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Nays: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Green, Guess, Hudson, Kapsner, Kerttula, Masek, McGuire, Ogan, Wilson Excused: Dyson, Kookesh And so, CSHB 215(L&C) passed the House. 2002-03-15 House Journal Page 2551 Representative James moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 215(L&C) Third Reading Effective Date YEAS: 17 NAYS: 20 EXCUSED: 2 ABSENT: 1 Yeas: Chenault, Coghill, Fate, Foster, Harris, Hayes, James, Kohring, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Whitaker, Williams Nays: Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Green, Guess, Halcro, Hudson, Joule, Kapsner, Kerttula, McGuire, Moses, Ogan, Porter, Scalzi, Stevens, Wilson Excused: Dyson, Kookesh Absent: Masek And so, lacking the necessary 27 votes, the effective date clause was not adopted and the new title follows: CS FOR HOUSE BILL NO. 215(L&C)(efd fld) "An Act relating to the use of pharmaceutical agents in the practice of optometry." Representative Green gave notice of reconsideration of his vote on CSHB 215(L&C)(efd fld). Representative James, who had been previously excused (page 2535), left the Chamber. HB 286 The following was read the second time: HOUSE BILL NO. 286 "An Act allowing a person to hold more than one commercial fishing entry permit for a fishery; relating to the power of the Board of Fisheries to establish fishing periods and areas for 2002-03-15 House Journal Page 2552 subgroups of commercial fishing permits and commercial fishing permit holders and to establish limits on the amount of fishing gear that may be used by certain commercial fishing permit holders; and providing for an effective date." with the: Journal Page FSH RPT CS(FSH) NT 4DP 3NR 2229 FN1: ZERO(DFG) 2229 RES RPT CS(RES) NT 5DP 1NR 2379 FN1: ZERO(DFG) 2380 Acting Majority Leader Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 286(RES) "An Act allowing a person to hold two commercial fishing entry permits for a salmon fishery for the purpose of consolidating the fishing fleet for a salmon fishery; relating to salmon fishery associations and to salmon fishery assessments; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Scalzi: Page 2, lines 1 - 4: Delete all material and insert: (2) is comprised of interim-use permit and entry permit holders in the salmon fishery for which the association is established; and (3) has a board of directors that is comprised of interim-use permit and entry permit holders in the salmon fishery. Page 3, line 4: Delete "in the administrative area in which the fishery occurs" Insert "for that fishery" 2002-03-15 House Journal Page 2553 Representative Scalzi moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that CSHB 286(RES) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 286(RES) am was read the third time. The question being: "Shall CSHB 286(RES) am pass the House?" The roll was taken with the following result: CSHB 286(RES) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Dyson, James, Kookesh Absent: Masek And so, CSHB 286(RES) am passed the House. Representative Foster moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Masek later gave notice of reconsideration of her vote on CSHB 286(RES) am, and the reconsideration was taken up then. HB 296 The following was read the second time: 2002-03-15 House Journal Page 2554 HOUSE BILL NO. 296 "An Act relating to mergers and consolidations of municipalities." with the: Journal Page CRA RPT CS(CRA) 3DP 4NR 2432 FN1: ZERO(CED) 2432 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 296(CRA) (same title) There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that CSHB 296(CRA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 296(CRA) was read the third time. The question being: "Shall CSHB 296(CRA) pass the House?" The roll was taken with the following result: CSHB 296(CRA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Dyson, James, Kookesh Absent: Moses 2002-03-15 House Journal Page 2555 And so, CSHB 296(CRA) passed the House and was referred to the Chief Clerk for engrossment. HB 384 The following was read the second time: HOUSE BILL NO. 384 "An Act relating to submission of civil litigation information; and amending Rules 41(a) and 58, Alaska Rules of Civil Procedure, Rule 511(c) and (e), Alaska Rules of Appellate Procedure, and Rule 503(d), Alaska Rules of Evidence." with the: Journal Page JUD RPT 1DP 4NR 1AM 2380 FN1: ZERO(H.JUD/ALL DEPTS) 2381 Amendment No. 1 was not offered. Representative Foster moved and asked unanimous consent that HB 384 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 384 was read the third time. The question being: "Shall HB 384 pass the House?" The roll was taken with the following result: HB 384 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-03-15 House Journal Page 2556 Excused: Dyson, James, Kookesh Absent: Moses And so, HB 384 passed the House. Representative Foster moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. Representative Berkowitz objected. Representative Berkowitz moved to divide the question and withdrew the motion and his objection. There being no further objection, the court rule changes were adopted. HB 384 was referred to the Chief Clerk for engrossment. **The presence of Representative James was noted. SECOND READING OF SENATE BILLS SB 208 The following was read the second time: 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." with the: Journal Page FSH REFERRAL WAIVED 1615 RES REFERRAL WAIVED 1654 RES RPT HCS(RES) NT 7DP 2482 FN2: ZERO(DEC) 2482 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2002-03-15 House Journal Page 2557 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." (title change pending authorization by HCR 29) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that HCS CSSB 208(RES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 208(RES) was read the third time. The question being: "Shall HCS CSSB 208(RES) pass the House?" The roll was taken with the following result: HCS CSSB 208(RES) Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Mulder Excused: Dyson, Kookesh Absent: Moses And so, HCS CSSB 208(RES) passed the House and was referred to the Chief Clerk for engrossment. 2002-03-15 House Journal Page 2558 THIRD READING OF HOUSE BILLS HB 420 The following, which was advanced to third reading from the March 13, 2002, calendar (page 2527), was read the third time: HOUSE BILL NO. 420(title am) "An Act repealing certain sunset provisions relating to the use of water; and providing for an effective date." The question being: "Shall HB 420(title am) pass the House?" The roll was taken with the following result: HB 420(title am) Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kerttula Excused: Dyson, Kookesh Absent: Foster, Moses And so, HB 420(title am) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 420(title am) was referred to the Chief Clerk for engrossment. 2002-03-15 House Journal Page 2559 SECOND READING OF HOUSE RESOLUTIONS HCR 29 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 29 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. The question being: "Shall HCR 29 pass the House?" The roll was taken with the following result: HCR 29 Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Dyson, Kookesh Absent: Foster, Moses And so, HCR 29 passed the House and was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 286 Representative Masek gave notice of reconsideration of her vote on CSHB 286(RES) am (page 2553). Representative Masek moved and asked unanimous consent that the reconsideration of CSHB 286(RES) am be taken up on the same day. There being no objection, it was so ordered. 2002-03-15 House Journal Page 2560 The following was again before the House in third reading: CS FOR HOUSE BILL NO. 286(RES) am "An Act allowing a person to hold two commercial fishing entry permits for a salmon fishery for the purpose of consolidating the fishing fleet for a salmon fishery; relating to salmon fishery associations and to salmon fishery assessments; and providing for an effective date." The question to be reconsidered: "Shall CSHB 286(RES) am pass the House?" The roll was taken with the following result: CSHB 286(RES) am--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Dyson, Kookesh Absent: Foster, Moses And so, CSHB 286(RES) am passed the House on reconsideration. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 286(RES) am 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: 2002-03-15 House Journal Page 2561 Honoring - Lynn Harrison By Representatives James, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson In Memoriam - John Francis "Jack" Dinneen By Representatives Harris, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Foster, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Vinton "Spike" Edwards By Representatives Lancaster, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Milton Ronald Schmitz, October 20, 1943 - March 1, 2002 By Senator Taylor; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, 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 Bunde - from 7:00 p.m., March 22 to 10:04 a.m., plane time, March 25, 2002 Representative Croft - from 7:00 a.m., April 13 to 9:00 p.m., plane time, April 14, 2002 2002-03-15 House Journal Page 2562 Representative Halcro - from 7:59 p.m., March 15 to 10:00 a.m., plane time, March 17, 2002 Representative Stevens - from 1:05 p.m., April 2 to 9:36 p.m., plane time, April 7, 2002 (amended from page 2190) SPECIAL ORDER OF BUSINESS Representative James moved and asked unanimous consent that the citation, In Memoriam - Adella "Lorene" Stump, 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 - Adella "Lorene" Stump By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson UNFINISHED BUSINESS EO 103 The House did not disapprove the following executive order within 60 days and it was transmitted to the Office of the Governor at 1:25 p.m., March 15, 2002: EXECUTIVE ORDER NO. 103 Transferring from the office of the lieutenant governor to the state archivist the responsibility for the maintenance and legal custody of permanent files of certified copies of regulations and orders of repeal. 2002-03-15 House Journal Page 2563 HJR 45 Representatives Meyer, Kookesh, Halcro, Berkowitz, Davies, Morgan, Green, McGuire, and Murkowski added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 45 Relating to the labeling of salmon food products. HB 286 Representative Wilson added her name as cosponsor to: CS FOR HOUSE BILL NO. 286(RES) am "An Act allowing a person to hold two commercial fishing entry permits for a salmon fishery for the purpose of consolidating the fishing fleet for a salmon fishery; relating to salmon fishery associations and to salmon fishery assessments; and providing for an effective date." HB 296 Representative Kohring added his name as cosponsor to: CS FOR HOUSE BILL NO. 296(CRA) "An Act relating to mergers and consolidations of municipalities." HB 348 Representatives Wilson, McGuire, Hudson, Lancaster, and Stevens added their names as cosponsors to: HOUSE BILL NO. 348 "An Act relating to violations of domestic violence protective orders." HB 409 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 409 "An Act rejecting the use of daylight saving time." 2002-03-15 House Journal Page 2564 HB 448 Representatives Porter and Kerttula added their names as cosponsors to: HOUSE BILL NO. 448 "An Act relating to establishing a data base of residential telephone customers who do not wish to receive telephone solicitations, providing that the data base be compiled at no cost to the customers, requiring telephone solicitors to purchase the data base, and requiring paid solicitors to register; and providing for an effective date." HB 489 Representative Lancaster added his name as cosponsor to: HOUSE BILL NO. 489 "An Act relating to cruelty to animals." HB 493 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 493 "An Act relating to assignments of permanent fund dividends; and providing for an effective date." ENGROSSMENT HCR 29 HCR 29 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 286 CSHB 286(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 296 CSHB 296(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-03-15 House Journal Page 2565 HB 384 HB 384 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 420 HB 420(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 208 HCS CSSB 208(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 18, 2002. There being no objection, the House adjourned at 11:46 a.m. Suzi Lowell Chief Clerk