Legislature(2001 - 2002)

2002-04-09 House Journal

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2002-04-09                     House Journal                      Page 2843
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                   Tuesday                  April 9, 2002                           
                                                                                                    
                            Eighty-sixth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:07 a.m.                                                                                
                                                                                                    
                                                                                                    
Roll call showed 36 members present.  Representatives Foster and                                    
Ogan had been previously excused from a call of the House today.                                    
Representatives Moses and Rokeberg were absent.                                                     
                                                                                                    
                                                                                                    
The invocation was offered by the Reverend Robert Sherwood of                                       
Church of the Nazarene.  Representative Davies moved and asked                                      
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Let us pray.  Father, let us see that faith is not intelligent                                  
    understanding but rather deliberate commitment to a Person                                      
    where I see no way.  May these men and women walk by faith                                      
    in order that they may have wisdom that exceeds the gene                                        
    pool.  May they be filled with grace to resolve conflicts and                                   
    issues that involve no less than seven different cultures in a                                  
    geographic area that is greater than half of the continental                                    
    United States.  May the vastness of the mountains, rivers, and                                  
    coasts of this great land be matched by the goodness,                                           
    integrity, and justice of this Chamber.  Now give these the                                     
    vitality and mirth of a Rie Munoz watercolor this day.  In                                      
    Jesus' Name.  Amen.                                                                             
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative James.                                           
                                                                                                    

2002-04-09                     House Journal                      Page 2844
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 85th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HJR 33                                                                                            
A message dated April 8, 2002, was read stating the Senate has                                      
passed:                                                                                             
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 33(MLV) am                                                    
    Expressing gratitude to President George W. Bush, to the                                        
    President's cabinet, to the men and women of the United States                                  
    armed forces, and to the United States Congress and declaring                                   
    support for the war on terrorism and for the President's effort to                              
    support democracies and promote peace worldwide.                                                
                                                                                                    
CSHJR 33(MLV) am was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
HB 343                                                                                            
A message dated April 8, 2002, was read stating the Senate has passed                               
CSHB 343(FIN) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 343(RLS)                                                    
    "An Act extending the termination date of the Board of                                          
    Professional Counselors; and relating to licensing of professional                              
    counselors."                                                                                    
                                                                                                    
CSHB 343(FIN) is under Unfinished Business.                                                         
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 48                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 48                                                                   
    Relating to federal land withdrawals.                                                           

2002-04-09                     House Journal                      Page 2845
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Stevens, McGuire, Fate, Kerttula, Kapsner, Masek,                                     
Scalzi                                                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1. Zero, House Resources Committee                                                                  
                                                                                                    
HJR 48 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 316                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 316                                                       
    "An Act relating to trusts, including trust protectors, trustee                                 
    advisors, and transfers of trust interests, and to creditors' claims                            
    against property subject to a power of appointment; and providing                               
    for an effective date."                                                                         
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Coghill, James, Rokeberg                                                              
                                                                                                    
No recommendation (2):  Berkowitz, Meyer                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
SSHB 316 was referred to the Rules Committee for placement on the                                   
calendar.                                                                                           
                                                                                                    
HB 317                                                                                            
The Judiciary Committee has considered:                                                             

2002-04-09                     House Journal                      Page 2846
                                                                                                    
    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."                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 317(JUD)                                                                  
    "An Act relating to stalking and to violating a protective order;                               
    and amending Rules 4 and 65, Alaska Rules of Civil Procedure,                                   
    and Rule 9, Alaska Rules of Administration."                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Berkowitz, Meyer, James, Kookesh, Rokeberg                                            
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 317(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Indeterminate, Dept. of Corrections                                                             
3.  Indeterminate, Dept. of Administration                                                          
4.  Fiscal, Dept. of Public Safety                                                                  
                                                                                                    
HB 317 was referred to the Finance Committee.                                                       
                                                                                                    
HB 380                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 380                                                                              
    "An Act relating to reimbursement for certain Medicare premium                                  
    charges for persons receiving benefits from the teachers'                                       
    retirement system, the judicial retirement system, the elected                                  
    public officers retirement system, and the public employees'                                    
    retirement system."                                                                             
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               

2002-04-09                     House Journal                      Page 2847
                                                                                                    
Do pass (3):  Wilson, Stevens, James                                                                
                                                                                                    
No recommendation (2):  Fate, Coghill                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
HB 380 was referred to the Finance Committee.                                                       
                                                                                                    
HB 409                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 409                                                                              
    "An Act rejecting the use of daylight saving time."                                             
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Meyer, Crawford, Murkowski                                                            
                                                                                                    
No recommendation (2):  Kott, Halcro                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Labor & Commerce Committee                                                          
                                                                                                    
HB 409 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 443                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 443                                                                              
    "An Act retroactively extending the application and licensing                                   
    deadlines and amending the effective date of certain provisions                                 
    relating to regulation of persons who practice tattooing and                                    
    permanent cosmetic coloring or body piercing; and providing for                                 
    an effective date."                                                                             

2002-04-09                     House Journal                      Page 2848
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 443(L&C)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Whitaker, Harris, Davies, Lancaster, Hudson, Foster,                                  
Williams                                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 443(L&C):                                                
                                                                                                    
1.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
                                                                                                    
HB 443 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 444                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 444                                                                              
    "An Act relating to buildings covered under the Alaska public                                   
    building fund; and providing for an effective date."                                            
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Wilson, Crawford, Stevens, James, Fate, Hayes, Coghill                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
                                                                                                    
HB 444 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           

2002-04-09                     House Journal                      Page 2849
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 207                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 207                                                                              
    "An Act relating to the judicial districts of the state."                                       
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT 6DP 1NR                                                   1305                             
 FN1: ZERO(CRT)                                                    1305                             
 FIN REFERRAL WAIVED                                               1343                             
 RLS RPT CS(RLS) NT 3DP 1NR                                        2678                             
 FN2: ZERO(CRT)                                                    2679                             
                                                                                                    
                                                                                                    
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. 207(RLS)                                                                  
    "An Act moving election district 24 as described in the                                         
    Constitution of the State of Alaska at statehood from the Second                                
    Judicial District to the Fourth Judicial District and adding the                                
    Nabesna area to the Third Judicial District and removing it from                                
    the Fourth Judicial District."                                                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB                                    
207(RLS) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 207(RLS) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 207(RLS) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    

2002-04-09                     House Journal                      Page 2850
                                                                                                    
CSHB 207(RLS)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Scalzi,                                   
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Excused:  Foster, Ogan                                                                              
                                                                                                    
Absent:  Moses, Rokeberg                                                                            
                                                                                                    
And so, CSHB 207(RLS) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 411                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 411                                                                              
    "An Act relating to physician assistants; providing that a physician                            
    assistant is a health care provider covered by certain laws relating                            
    to medical malpractice actions; adding physician assistants to the                              
    list of providers against whom unfair discrimination relating to                                
    health care insurance is prohibited and to the list of providers who                            
    can provide proof of disablement or handicap for the purpose of                                 
    motor vehicle registration or for the purpose of obtaining a special                            
    license plate or a special parking permit; and providing for an                                 
    effective date."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT 5DP 1NR                                                   2362                             
 FN1: ZERO(ADM)                                                    2363                             
 FN2: ZERO(CED)                                                    2363                             
 L&C RPT 4DP 3NR                                                   2638                             
 FN1: ZERO(ADM)                                                    2639                             
 FN2: ZERO(CED)                                                    2639                             

2002-04-09                     House Journal                      Page 2851
Representative James moved and asked unanimous consent that                                         
HB 411 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 411 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 411 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 411                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Scalzi,                                   
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Excused:  Foster, Ogan                                                                              
                                                                                                    
Absent:  Moses, Rokeberg                                                                            
                                                                                                    
And so, HB 411 passed the House.                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 411 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 38                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 38                                                                   
    Relating to urging the United States Congress to pass the                                       
    Terrorism Risk Protection Act.                                                                  
                                                                                                    

2002-04-09                     House Journal                      Page 2852
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 6DP                                            2829                             
 FN1: ZERO(H.L&C)                                                  2830                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 38(L&C)                                                       
    Relating to urging the United States Congress to pass terrorism                                 
    risk protection legislation.                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that                                         
CSHJR 38(L&C) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHJR 38(L&C) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHJR 38(L&C) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHJR 38(L&C)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Scalzi,                                   
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Excused:  Foster, Ogan                                                                              
                                                                                                    
Absent:  Moses, Rokeberg                                                                            
                                                                                                    
And so, CSHJR 38(L&C) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        

2002-04-09                     House Journal                      Page 2853
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HB 343                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 2844) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 343(FIN)                                                                  
    "An Act extending the termination date of the Board of                                          
    Professional Counselors; and relating to licensing of professional                              
    counselors."                                                                                    
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 343(RLS)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to CSHB 343(FIN), thus adopting SCS CSHB 343(RLS),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
Representatives Dyson and Crawford 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 the House concur in the Senate                                          
amendment to CSHB 343(FIN)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 343(RLS)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Scalzi,                                   
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    

2002-04-09                     House Journal                      Page 2854
Excused:  Foster, Ogan                                                                              
                                                                                                    
Absent:  Moses, Rokeberg                                                                            
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 343(RLS).                                                                                  
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
SCS CSHB 343(RLS) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                          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 Cissna - from 7:09 a.m., April 12 to 9:35 p.m., plane                                
time, April 13, 2002                                                                                
                                                                                                    
Representative James - from 11:45 a.m. to 1:15 p.m., April 11, 2002                                 
                                                                                                    
Representative Moses - from 7:00 a.m., April 12 to 9:30 p.m., plane                                 
time, April 16, 2002                                                                                
                                                                                                    
Representative Mulder - from noon, April 12 to 9:30 p.m., plane time,                               
April 13, 2002                                                                                      
                                                                                                    
                                                                                                    
HJR 33                                                                                            
Representative Kapsner added her name as cosponsor to:                                              
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 33(MLV) am                                                    
    Expressing gratitude to President George W. Bush, to the                                        
    President's cabinet, to the men and women of the United States                                  
    armed forces, and to the United States Congress and declaring                                   
    support for the war on terrorism and for the President's effort to                              
    support democracies and promote peace worldwide.                                                
                                                                                                    
HB 411                                                                                            
Representative McGuire added her name as cosponsor to:                                              

2002-04-09                     House Journal                      Page 2855
    HOUSE BILL NO. 411                                                                              
    "An Act relating to physician assistants; providing that a physician                            
    assistant is a health care provider covered by certain laws relating                            
    to medical malpractice actions; adding physician assistants to the                              
    list of providers against whom unfair discrimination relating to                                
    health care insurance is prohibited and to the list of providers who                            
    can provide proof of disablement or handicap for the purpose of                                 
    motor vehicle registration or for the purpose of obtaining a special                            
    license plate or a special parking permit; and providing for an                                 
    effective date."                                                                                
                                                                                                    
                                                                                                    
HB 463                                                                                            
Representative James added her name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 463                                                                              
   "An Act relating to juries; and providing for an effective date."                               
                                                                                                    
                                                                                                    
SCR 28                                                                                            
Representative Stevens added his name as cross sponsor to:                                          
                                                                                                    
    CS FOR SENATE CONCURRENT RESOLUTION NO.                                                         
    28(RES)                                                                                         
     Establishing the Joint Legislative Salmon Industry Task Force.                                
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HJR 38                                                                                            
CSHJR 38(L&C) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 160                                                                                            
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. 160(JUD)                                                                  
    "An Act requiring the reporting of induced terminations of                                      
    pregnancies."                                                                                   

2002-04-09                     House Journal                      Page 2856
HB 207                                                                                            
CSHB 207(RLS) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 411                                                                                            
HB 411 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., April 10, 2002.  There being no                                     
objection, the House adjourned at 10:41 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk