Legislature(2001 - 2002)

2002-03-18 House Journal

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2002-03-18                     House Journal                      Page 2571
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                   Monday                 March 18, 2002                            
                                                                                                    
                            Sixty-fourth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 11:03 a.m.                                                                                
                                                                                                    
Roll call showed 37 members present.  Representative Joule had been                                 
previously excused from a call of the House today.  Representative                                  
Ogan was excused from a call of the House indefinitely for medical                                  
reasons.  Representative Masek was absent.                                                          
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Wilson be excused from a call of the House from                                      
1:00 p.m. to 3:00 p.m. today.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
The invocation was offered by the Reverend Gregory L. Clark of                                      
Glacier Valley Baptist Church.  Representative Green moved and                                      
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it appears below:                                                         
                                                                                                    
    Let us pray.  Lord, we come to You this morning just                                            
    thanking You for the privilege of being able to call upon Your                                  
    Name.  For in these days of peril and pain, we know that Your                                   
    grace has been sufficient for our needs, and for that we are                                    
    very thankful.  We know our hope is anchored in Your                                            
    steadfast love and in the knowledge that a sparrow does not                                     
    fall to the ground, Lord, without Your notice.  Therefore we                                    
    rejoice in You, Lord, O God our Savior.                                                         
                                                                                                    
    I ask You to bless all those who are assembled on the                                           
    Chamber floor.  I thank You for their willingness to serve and                                  
    for our responsibility and the privilege that we have to uphold                                 
    them in prayer.  I pray that You would grant them wisdom as                                     

2002-03-18                     House Journal                      Page 2572
    they consider the many important issues that are before them                                    
    today.  Give them the ability to ascertain the important from                                   
    the nonessential and help them as they seek to come to                                          
    consensus and seek the good of the people of our blessed                                        
    state.                                                                                          
                                                                                                    
    We pray for our president and his staff and we ask You to                                       
    continue to give them strength, wisdom, and discernment as                                      
    they lead us during these trying times, O Lord.  We especially                                  
    pray for our service men and women and ask that You protect                                     
    them as they serve in harm's way.                                                               
                                                                                                    
    Lord, we would be remiss if we did not lift up the Ogan                                         
    family to You this morning. We pray for Scott and ask that                                      
    You would minister to his needs.  We pray, Lord, that You                                       
    would grant him healing.  We pray for his family - his wife                                     
    and children.  Lord, we know the anxiety that is created when                                   
    these types of events happen in our lives.  We pray that You                                    
    would comfort them; that You would assure them of the                                           
    prayers that are being offered up on their behalf all across our                                
    state today.  Lord, we pray these things in Christ's Name.                                      
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Kookesh.                                         
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 61st, 62nd, and 63rd legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following were received:                                                                        
                                                                                                    
Alaska Court System                                                                                 
 Travel for Justices, Judges, and Magistrates                                                       
  & Affidavit Information 2001                                                                      
 (as required by AS 22.20.310)                                                                      
                                                                                                    

2002-03-18                     House Journal                      Page 2573
 2001 Time-To-Disposition Reports                                                                   
 Volumes 1 - 6                                                                                      
 (as required by AS 22.20.310)                                                                      
                                                                                                    
Dept. of Revenue                                                                                    
 Tax Division                                                                                       
  Alaska Salmon Price Report                                                                        
   September - December 2001                                                                        
  February 22, 2002                                                                                 
  (as required by AS 43.80.060)                                                                     
                                                                                                    
  Annual Alaska Salmon Production Report                                                            
  March 14, 2002                                                                                    
  (as required by AS 43.80.060)                                                                     
                                                                                                    
 Treasury Division                                                                                  
 Annual Report on the Constitutional                                                                
  Budget Reserve Fund                                                                               
 March 15, 2002                                                                                     
 (as required by AS 37.10.430)                                                                      
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 44                                                                                            
The Resources Committee 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(RES)                                                       
    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.                                                                                 
                                                                                                    

2002-03-18                     House Journal                      Page 2574
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Stevens, McGuire, Fate, Kapsner, Chenault, Masek,                                     
Scalzi                                                                                              
                                                                                                    
Amend (2):  Green, Kerttula                                                                         
                                                                                                    
The following fiscal note(s) apply to CSHJR 44(RES):                                                
                                                                                                    
1.  Zero, House Special Committee on Oil & Gas                                                      
                                                                                                    
                                                                                                    
HJR 44 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 312                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 312                                                                              
    "An Act relating to the delay of the reduction of supplementary                                 
    public school funding; and providing for an effective date."                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 312(FIN)                                                                  
    "An Act relating to the delay of the reduction of supplementary                                 
    public school funding; relating to funding the Alaska Challenge                                 
      Youth Academy program; and providing for an effective date."                                 
                                                                                                    
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Whitaker, Harris, Croft, Davies, Moses, Lancaster,                                   
Hudson, Foster, Mulder, Williams                                                                    
                                                                                                    
Do not pass (1):  Bunde                                                                             
                                                                                                    

2002-03-18                     House Journal                      Page 2575
The following fiscal note(s) apply to CSHB 312(FIN):                                                
                                                                                                    
2.  Fiscal, Dept. of Military & Veterans' Affairs                                                   
3.  Fiscal, Dept. of Education & Early Development                                                  
4.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 312 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 376                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 376                                                                              
    "An Act relating to management of fish and game in and on the                                   
    navigable waters and submerged lands of Alaska."                                                
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Chenault, Green, Fate, Masek                                                          
                                                                                                    
No recommendation (2):  Stevens, Scalzi                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Fish & Game                                                             
                                                                                                    
HB 376 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
HB 382                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 382                                                                              
    "An Act relating to the evaluation and cleanup of sites where                                   
    certain controlled substances may have been manufactured or                                     
    stored."                                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2002-03-18                     House Journal                      Page 2576
    CS FOR HOUSE BILL NO. 382(RES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Stevens, Fate, Chenault, Kerttula, Scalzi                                             
                                                                                                    
Amend (1):  Masek                                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 382(RES):                                                
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
2.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
HB 382 was referred to the Finance Committee.                                                       
                                                                                                    
HB 403                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 403                                                                              
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; making appropriations under art. IX, sec.                                  
    17(c), Constitution of the State of Alaska, from the constitutional                             
    budget reserve fund; and providing for an effective date."                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 403(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Bunde, Whitaker, Harris, Lancaster, Hudson, Foster,                                   
Mulder, Williams                                                                                    
                                                                                                    
Do not pass (2):  Croft, Moses                                                                      
                                                                                                    

2002-03-18                     House Journal                      Page 2577
Amend (1):  Davies                                                                                  
                                                                                                    
HB 403 is on today's calendar.                                                                      
                                                                                                    
HB 404                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 404                                                                              
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 404(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Bunde, Whitaker, Harris, Lancaster, Hudson, Foster,                                   
Mulder, Williams                                                                                    
                                                                                                    
Do not pass (2):  Croft, Moses                                                                      
                                                                                                    
Amend (1):  Davies                                                                                  
                                                                                                    
HB 404 is on today's calendar.                                                                      
                                                                                                    
                                                                                                    
HB 416                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 416                                                                              
    "An Act relating to reemployment of and benefits for retired                                    
    teachers and principals who participated in retirement incentive                                
    programs; and providing for an effective date."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2002-03-18                     House Journal                      Page 2578
    CS FOR HOUSE BILL NO. 416(HES)                                                                  
    "An Act relating to reemployment of and benefits for retired                                    
    teachers and principals who participated in retirement incentive                                
    programs and to the employment as teachers of members of the                                    
    public employees' retirement system who participated in a                                       
    retirement incentive program; and providing for an effective date."                             
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Cissna, Stevens, Dyson                                                                
                                                                                                    
No recommendation (2):  Kohring, Joule                                                              
                                                                                                    
Amend (2):  Coghill, Wilson                                                                         
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 416(HES):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 416 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 501                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 501                                                                              
    "An Act relating to the use of unclaimed property to pay court-                                 
    ordered restitution; and providing for an effective date."                                      
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Meyer, James, Rokeberg                                                                
                                                                                                    
No recommendation (3):  Coghill, Berkowitz, Ogan                                                    
                                                                                                    

2002-03-18                     House Journal                      Page 2579
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 501 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 503                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 503                                                                              
    "An Act relating to evaluating state assumption of the wastewater                               
    discharge program under the federal Clean Water Act; and                                        
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 503(RES)                                                                  
    (same title)                                                                                    
                                                                                                    
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Stevens, Green, Fate, Chenault, Masek, Scalzi                                         
                                                                                                    
No recommendation (1):  McGuire                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 503(RES):                                                
                                                                                                    
1.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
HB 503 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
SB 115                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    

2002-03-18                     House Journal                      Page 2580
    SENATE BILL NO. 115                                                                             
    "An Act extending the termination date of the Board of Storage                                  
    Tank Assistance."                                                                               
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Stevens, Green, Fate, Kerttula, Kapsner, McGuire,                                     
Masek, Scalzi                                                                                       
                                                                                                    
No recommendation (1):  Chenault                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
SB 115 was referred to the Finance Committee.                                                       
                                                                                                    
SB 153                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 153(FIN)                                                                 
    "An Act replacing the storage tank assistance fund with the                                     
    underground storage tank revolving loan fund and relating to that                               
    revolving loan fund; repealing the tank cleanup program and the                                 
    tank upgrading and closure program; and providing for an                                        
    effective date."                                                                                
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Stevens, Green, Fate, Masek, Scalzi                                                   
                                                                                                    
No recommendation (3):  Kerttula, Kapsner, Chenault                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
CSSB 153(FIN) was referred to the Finance Committee.                                                
                                                                                                    

2002-03-18                     House Journal                      Page 2581
SB 244                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    CS FOR SENATE BILL NO. 244(RLS)                                                                 
    "An Act extending the termination date of the Board of Examiners                                
    in Optometry; and relating to optometrists."                                                    
                                                                                                    
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.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
CSSB 244(RLS) was referred to the Finance Committee.                                                
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Vivian Dailey                                                                            
By Representative James                                                                             
                                                                                                    
Honoring - Kim Dye, 2002 Alaska School Nurse of the Year                                            
By Senator Stevens                                                                                  
                                                                                                    
Honoring - Mrs. Vanee Robinson                                                                      
By Senator Davis                                                                                    
                                                                                                    
Honoring - Cathy Baldwin-Johnson, M.D.                                                              
By Senator Green; Representatives Kohring, Ogan                                                     
                                                                                                    
In Memoriam - Brian T. Smith                                                                        
By Representative Wilson; Senator Taylor                                                            
                                                                                                    

2002-03-18                     House Journal                      Page 2582
In Memoriam - Axinia Peters                                                                         
By Representative Morgan                                                                            
                                                                                                    
In Memoriam - Dan Sjoblom                                                                           
By Representative Coghill                                                                           
                                                                                                    
In Memoriam - Vernon H. Woodworth Sr.                                                               
By Representative Coghill                                                                           
                                                                                                    
In Memoriam - Clifford L. Haydon                                                                    
By Representative Coghill                                                                           
                                                                                                    
In Memoriam - Mr. James Henry Thomas                                                                
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Mr. Charles Lewis II                                                                  
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Mrs. Shirlin Esther Rennie                                                            
By Senator Davis                                                                                    
                                                                                                    
The following citations were introduced and taken up as a Special                                   
Order of Business:                                                                                  
                                                                                                    
Honoring - Mr. Jim Holt                                                                             
By Representatives Hayes, Coghill, Davies, Fate, James, Whitaker;                                   
Senators Wilken, Kelly, Therriault, Lincoln                                                         
                                                                                                    
In Memoriam - Eldor Lee                                                                             
By Representative Wilson; Senator Taylor                                                            
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
citation, Honoring - Mr. Jim Holt, 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 citation was                             
approved.                                                                                           
                                                                                                    

2002-03-18                     House Journal                      Page 2583
Representative James moved and asked unanimous consent that the                                     
citation, In Memoriam - Eldor Lee, 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 citation was                             
approved.                                                                                           
                                                                                                    
The following citations were sent to enrolling:                                                     
                                                                                                    
Honoring - Mr. Jim Holt                                                                             
By Representatives Hayes, Coghill, Davies, Fate, James, Whitaker,                                   
Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Dyson,                                 
Guess, Halcro, Harris, Hudson, Kapsner, Kerttula, Kookesh, Kott,                                    
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                     
Scalzi, Stevens, Williams, Wilson; Senators Wilken, Kelly, Therriault,                              
Lincoln                                                                                             
                                                                                                    
In Memoriam - Eldor Lee                                                                             
By Representatives Wilson, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess,                                     
Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kott,                                      
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                     
Scalzi, Stevens, Whitaker, Williams; Senator Taylor                                                 
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 403                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 403                                                                              
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; making appropriations under art. IX, sec.                                  
    17(c), Constitution of the State of Alaska, from the constitutional                             
    budget reserve fund; and providing for an effective date."                                      
                                                                                                    

2002-03-18                     House Journal                      Page 2584
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT CS(FIN) 8DP 2DNP 1AM                                      2576                             
                                                                                                    
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. 403(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Morgan, Masek,                                       
Wilson, and Porter:                                                                                 
                                                                                                    
Add under the Dept. of Fish & Game, Administration and Support,                                     
State Subsistence:                                                                                  
 Fund Source "AIDEA Receipts 1102"; Amount "$1,000,000"                                         
                                                                                                    
Page 27, line 15:                                                                                   
    Under Appropriation Items:                                                                      
         Delete "4,723,600"                                                                       
         Insert "5,223,600"                                                                       
                                                                                                    
    Under Other Funds:                                                                              
         Delete "3,764,700"                                                                       
         Insert "4,264,700"                                                                       
                                                                                                    
Page 27, line 20:                                                                                   
    Under Allocations:                                                                              
         Delete "1,453,900"                                                                         
         Insert "1,953,900"                                                                         
                                                                                                    
Page 71, line 15:                                                                                   
    Under Appropriation Items:                                                                      
         Delete "4,723,600"                                                                       
         Insert "5,223,600"                                                                       
                                                                                                    
    Under Other Funds:                                                                              
         Delete "3,764,700"                                                                       
         Insert "4,264,700"                                                                       

2002-03-18                     House Journal                      Page 2585
Page 71, line 20:                                                                                   
    Under Allocations:                                                                              
         Delete "1,453,900"                                                                         
         Insert "1,953,900"                                                                         
                                                                                                    
Representative Morgan moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Bunde objected.                                                                      
                                                                                                    
Representative Berkowitz placed a call of the House and lifted the call.                            
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 403(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  34   NAYS:  3   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson,                                 
Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James,                                   
Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                        
Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Bunde, Coghill, Kohring                                                                      
                                                                                                    
Excused:  Joule, Ogan                                                                               
                                                                                                    
Absent:  Masek                                                                                      
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Halcro:                                               
                                                                                                    
Page 7, line 30:                                                                                    
    Under Appropriation Items:                                                                      
         Delete "603,423,500"                                                                     
         Insert "609,423,500"                                                                     

2002-03-18                     House Journal                      Page 2586
    Under General Funds:                                                                            
         Delete "199,929,200"                                                                     
         Insert "205,929,200"                                                                     
                                                                                                    
Page 7, line 31:                                                                                    
    Under Allocations:                                                                              
         Delete "52,590,700"                                                                        
         Insert "58,590,700"                                                                        
                                                                                                    
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
                                                                                                    
Representatives Cissna and Kerttula moved and asked unanimous                                       
consent that they be allowed to abstain from voting due to a conflict of                            
interest.  Objection was heard, and the members were required to vote.                              
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 403(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  15   NAYS:  22   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Hayes, Kapsner, Kerttula, Kookesh, McGuire, Moses, Murkowski,                                       
Rokeberg                                                                                            
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
Hudson, James, Kohring, Kott, Lancaster, Meyer, Morgan, Mulder,                                     
Porter, Scalzi, Stevens, Whitaker, Williams, Wilson                                                 
                                                                                                    
Excused:  Joule, Ogan                                                                               
                                                                                                    
Absent:  Masek                                                                                      
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            

2002-03-18                     House Journal                      Page 2587
Representative James moved and asked unanimous consent that CSHB
403(FIN) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 403(FIN) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 403(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 403(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  11   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer,                                    
Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                       
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Kapsner, Kerttula, Kookesh, Moses                                                                   
                                                                                                    
Excused:  Joule, Ogan                                                                               
                                                                                                    
Absent:  Masek                                                                                      
                                                                                                    
And so, CSHB 403(FIN) am passed the House.                                                          
                                                                                                    
                                                                                                    
Representative James moved that the House adopt the appropriations                                  
from the constitutional budget reserve fund under art. IX, sec. 17(c),                              
Constitution of the State of Alaska.                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall the appropriations from the constitutional                              
budget reserve fund under art. IX, sec. 17(c), Constitution of the State                            
of Alaska be adopted?"  The roll was taken with the following result:                               
                                                                                                    
CSHB 403(FIN) am                                                                                    
Third Reading                                                                                       
Constitutional Budget Reserve Appropriations                                                        
                                                                                                    
                                                                                                    
YEAS:  26   NAYS:  11   EXCUSED:  2   ABSENT:  1                                                  

2002-03-18                     House Journal                      Page 2588
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer,                                    
Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                       
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Kapsner, Kerttula, Kookesh, Moses                                                                   
                                                                                                    
Excused:  Joule, Ogan                                                                               
                                                                                                    
Absent:  Masek                                                                                      
                                                                                                    
And so, lacking the necessary 30 votes, the constitutional budget                                   
reserve fund appropriations were not adopted.                                                       
                                                                                                    
                                                                                                    
Representative James moved the effective date clauses.                                              
                                                                                                    
The question being:  "Shall the effective date clauses be adopted?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 403(FIN) am(brf sup maj fld)                                                                   
Third Reading                                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  26   NAYS:  11   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer,                                    
Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                       
Whitaker, Williams, Wilson                                                                          
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Kapsner, Kerttula, Kookesh, Moses                                                                   
                                                                                                    
                                                                                                    
Excused:  Joule, Ogan                                                                               
                                                                                                    
                                                                                                    
Absent:  Masek                                                                                      
                                                                                                    
And so, lacking the necessary 27 votes, the effective date clauses were                             
not adopted.                                                                                        
                                                                                                    
The new title follows:                                                                              

2002-03-18                     House Journal                      Page 2589
 CS FOR HOUSE BILL NO. 403(FIN) am(brf sup maj fld)(efd                                             
 fld)                                                                                               
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds."                                                                           
                                                                                                    
CSHB 403(FIN) am(brf sup maj fld)(efd fld) was referred to the Chief                                
Clerk for engrossment.                                                                              
                                                                                                    
                                                                                                    
HB 404                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 404                                                                              
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT CS(FIN) 8DP 2DNP 1AM                                      2577                             
                                                                                                    
                                                                                                    
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. 404(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
404(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 404(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 404(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           

2002-03-18                     House Journal                      Page 2590
                                                                                                    
CSHB 404(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  6   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster,                                
Green, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula,                                     
Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                           
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                   
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Guess, Kookesh, Moses                                           
                                                                                                    
Excused:  Joule, Ogan                                                                               
                                                                                                    
Absent:  Masek                                                                                      
                                                                                                    
And so, CSHB 404(FIN) passed the House.                                                             
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 404(FIN) 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 - Joe and Bobbi Fagg, and Ken and Christy Huizenga,                                        
Alaska's Official Santa Family                                                                      
By Representatives Porter, James, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Green, Guess, Halcro,                                     
Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott,                                     
Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan,                                          
Rokeberg, Stevens, Williams, Wilson                                                                 
                                                                                                    

2002-03-18                     House Journal                      Page 2591
Honoring - Lt. Commander Robert F. Otten                                                            
By Representatives Mulder, Porter, 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, Rokeberg, Stevens, Williams, Wilson; Senator                                       
Wilken                                                                                              
                                                                                                    
Honoring - Phil Cline, Providence Kodiak Island Medical Center                                      
By Representatives Stevens, Porter, Berkowitz, Bunde, Chenault,                                     
Cissna, Crawford, Croft, Davies, Green, Guess, Halcro, Harris, Hayes,                               
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                             
Rokeberg, Williams, Wilson; Senator Austerman                                                       
                                                                                                    
Honoring - Captain Jimmy Ng, United States Coast Guard                                              
By Senator Austerman; Representatives Stevens, Porter, Berkowitz,                                   
Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Green,                                   
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Williams, Wilson                                         
                                                                                                    
Honoring - D. H. "Dan" Cuddy, 2002 Alaskan of the Year                                              
By Senator Leman; Representatives Porter, 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,                                  
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 Green - from 7:19 a.m., April 10 to 1:05 p.m., plane                                 
time, April 14, 2002                                                                                
                                                                                                    

2002-03-18                     House Journal                      Page 2592
Representative Morgan - from 2:05 p.m., March 28 to 9:35 p.m., plane                                
time, March 31, 2002                                                                                
                                                                                                    
Representative Moses - from 7:10 a.m., March 28 to 9:20 p.m., plane                                 
time, April 2, 2002                                                                                 
                                                                                                    
Representative Wilson - from 11:35 a.m., March 28 to 1:20 p.m.,                                     
plane time, March 31, 2002                                                                          
                                                                                                    
                                                                                                    
Representative Coghill - withdrawal of previous excused absence from                                
March 23 to 28, 2002 (page 2189)                                                                    
                                                                                                    
Representative Murkowski - from 6:56 p.m., March 28 to 10:04 a.m.,                                  
plane time, April 1 (amended from page 2494)                                                        
                                                                                                    
Representative Joule - from March 15 to 9:00 p.m., plane time,                                      
March 19, 2002 (amended from page 2390)                                                             
                                                                                                    
                                                                                                    
HB 376                                                                                            
The Speaker added a Finance Committee referral to follow the                                        
Judiciary Committee referral for the following:                                                     
                                                                                                    
    HOUSE BILL NO. 376                                                                              
    "An Act relating to management of fish and game in and on the                                   
    navigable waters and submerged lands of Alaska."                                                
                                                                                                    
HB 376 is in the Judiciary Committee.                                                               
                                                                                                    
                                                                                                    
HJR 21                                                                                            
Representative Kohring added his name as cosponsor to:                                              
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 21                                                                   
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to open meetings.                                                               
                                                                                                    
HJR 35                                                                                            
Representative Kohring added his name as cosponsor to:                                              

2002-03-18                     House Journal                      Page 2593
    HOUSE JOINT RESOLUTION NO. 35 am                                                                
    Relating to urging the United States Congress to amend the tax                                  
    code to permanently repeal the estate tax.                                                      
                                                                                                    
HB 163                                                                                            
Representative Kohring added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 163                                                                              
    "An Act relating to funding for public school correspondence                                    
    study programs; and providing for an effective date."                                           
                                                                                                    
HB 313                                                                                            
Representative Wilson removed her name as joint prime sponsor of:                                   
                                                                                                    
    HOUSE BILL NO. 313                                                                              
    "An Act requiring that the cost of contraceptives be included in                                
    certain health care insurance coverage."                                                        
                                                                                                    
HB 317                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 317                                                                              
    "An Act relating to stalking and amending Rule 4, Alaska Rules of                               
     Civil Procedure, and Rule 9, Alaska Rules of Administration."                                 
                                                                                                    
HB 348                                                                                            
Representative Chenault added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 348                                                                              
    "An Act relating to violations of domestic violence protective                                  
    orders."                                                                                        
                                                                                                    
HB 407                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 407                                                                              
    "An Act relating to the certificate of need program."                                           
                                                                                                    
HB 448                                                                                            
Representative Lancaster added his name as cosponsor to:                                            

2002-03-18                     House Journal                      Page 2594
    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."                                                                                
                                                                                                    
                                                                                                    
SJR 23                                                                                            
Representative Kohring added his name as cosponsor to:                                              
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 23(FIN) am                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit and a spending limit.                                        
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 215                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
 CS FOR HOUSE BILL NO. 215(L&C)(efd fld)                                                            
    "An Act relating to the use of pharmaceutical agents in the                                     
    practice of optometry."                                                                         
                                                                                                    
                                                                                                    
HB 403                                                                                            
CSHB 403(FIN) am(brf sup maj fld)(efd fld) was engrossed, signed by                                 
the Speaker and Chief Clerk and transmitted to the Senate for                                       
consideration.                                                                                      
                                                                                                    
                                                                                                    
HB 404                                                                                            
CSHB 404(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    

2002-03-18                     House Journal                      Page 2595
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Resources Committee                                                                                 
CANCELED:                                                1:00 p.m., 3/18                            
                                                                                                    
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Hudson requested that the House members stand for a                                  
moment of silent prayer on behalf of Representative Ogan.                                           
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., March 19, 2002.  There being no                                     
objection, the House adjourned at 12:23 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk