Legislature(2001 - 2002)

2002-04-11 House Journal

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2002-04-11                     House Journal                      Page 2875
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                  Thursday                 April 11, 2002                           
                                                                                                    
                           Eighty-eighth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:25 a.m.                                                                                
                                                                                                    
Roll call showed 24 members present.  Representatives Fate, Foster,                                 
Green, and Ogan had been previously excused from a call of the                                      
House today.  Representatives Berkowitz, Cissna, Crawford, Croft,                                   
Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, and Moses                                  
were absent and their presence was noted later.                                                     
                                                                                                    
The invocation was offered by the Reverend Robert Sherwood of                                       
Church of the Nazarene.  Representative Hudson moved and asked                                      
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Father God, protect these, Your children.  Let them know in                                     
    their hearts and their busy lives that "he that dwells in the                                   
    secret place of the most High will abide under the shadow of                                    
    the Almighty.  May these say of the Lord, He is my refuge                                       
    and my fortress, in whom I will trust.  Surely God will deliver                                 
    from the snare of the fowler and from the noisome pestilence.                                   
    May God cover you with His feathers and under His wings                                         
    you shall trust, His truth will be your shield and buckler.  You                                
    will not be afraid of the terror by night, nor the bullet that flies                            
    by day, nor the pestilence that walks in darkness, nor the                                      
    destruction that wasteth at noonday.  A thousand shall fall at                                  
    your side and ten thousand at your right hand but it shall not                                  
    come near you."                                                                                 
                                                                                                    
    Father, let these, our elected Representatives, have wisdom                                     
    through understanding different paradigms and perspectives.                                     

2002-04-11                     House Journal                      Page 2876
    May they secure the people's investment by not letting                                          
    unmarked vehicles park so close to the building of either                                       
    House and so close to the Speakers; may they guard the rear                                     
    doors of this place that we might keep our Representatives                                      
    and our form of government.  Might they consider that even                                      
    vehicles parked so close to the Governor's house might not be                                   
    so good for the state.  Now, Father, for these people whom we                                   
    have trusted so much in, may the grace of the Lord Jesus                                        
    Christ and the love of God and the communion of the Holy                                        
    Spirit be with each of them this day.  Amen.                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Coghill.                                         
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 87th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HJR 44                                                                                            
A message dated April 10, 2002, was read stating the Senate has                                     
passed CSHJR 44(RES) am with the following amendment and it is                                      
transmitted for consideration:                                                                      
                                                                                                    
    SCS FOR CS FOR HOUSE JOINT RESOLUTION NO. 44(RES)                                               
    am S(reengrossed)                                                                               
    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.                                                                                 
                                                                                                    
CSHJR 44(RES) am is under Unfinished Business.                                                      
                                                                                                    
A message dated April 10, 2002, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    

2002-04-11                     House Journal                      Page 2877
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 140                                                                                            
CS FOR SENATE BILL NO. 140(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to regulation and licensing of certain water-                                  
    power development projects; and providing for an effective date."                               
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
SB 269                                                                                            
SENATE BILL NO. 269 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    
    "An Act naming bridge number 1121, across the Knik River, the                                   
    Sergeant James Bondsteel Bridge of Honor; and providing for an                                  
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
                                                                                                    
**The presence of Representative Hayes was noted.                                                   
                                                                                                    
SB 274                                                                                            
CS FOR SENATE BILL NO. 274(L&C) by the Senate Labor &                                               
Commerce Committee, entitled:                                                                       
                                                                                                    
    "An Act relating to issuance of a locum tenens permit for a                                     
    physician or osteopath; and providing for an effective date."                                   
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
                                                                                                    
**The presence of Representative Cissna was noted.                                                  
                                                                                                    

2002-04-11                     House Journal                      Page 2878
SB 356                                                                                            
SENATE BILL NO. 356 am by the Senate State Affairs Committee,                                       
entitled:                                                                                           
                                                                                                    
    "An Act relating to the authority of the Department of                                          
    Environmental Conservation to issue general and individual                                      
   permits for waste disposal; and providing for an effective date."                               
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
**The presence of Representative Davies was noted.                                                  
                                                                                                    
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HJR 44                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 2876) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 44(RES) am                                                    
    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.                                                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
    SCS FOR CS FOR HOUSE JOINT RESOLUTION NO. 44(RES)                                               
    am S(reengrossed)                                                                               
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
**The presence of Representatives Guess, Joule, Kookesh, Berkowitz,                                 
and Crawford was noted.                                                                             
                                                                                                    
                                                                                                    

2002-04-11                     House Journal                      Page 2879
Representative James moved that the House concur in the Senate                                      
amendment to CSHJR 44(RES) am, thus adopting SCS CSHJR
44(RES) am S(reengrossed), and recommended that the members vote                                    
yes.                                                                                                
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHJR 44(RES) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHJR 44(RES) am S(reengrossed)                                                                 
Concur                                                                                              
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  4   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                  
Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                   
Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                     
Williams, Wilson                                                                                    
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
Absent:  Croft, Kapsner, Kerttula, Moses                                                            
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHJR 44(RES) am S(reengrossed).                                                                
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
SCS CSHJR 44(RES) am S(reengrossed) was referred to the Chief                                       
Clerk for enrollment.                                                                               
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
The State Affairs Committee has reviewed the qualifications of:                                     
                                                                                                    
                          Colonel Jim Robinson                                                     
             Alaska Air National Guard - Brigadier General                                         
                                                                                                    
                           Colonel Tim Scott                                                       
             Alaska Air National Guard - Brigadier General                                         
                                                                                                    
                                                                                                    

2002-04-11                     House Journal                      Page 2880
and recommends the following:                                                                       
                                                                                                    
Confirm:  Hayes, James, Stevens, Crawford, Wilson, Coghill                                          
                                                                                                    
The reports were signed by Representative Coghill, Chair.                                           
                                                                                                    
**The presence of Representatives Croft, Kerttula, and Kapsner was                                  
noted.                                                                                              
                                                                                                    
HB 182                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 182                                                                              
    "An Act relating to motor vehicles; and providing for an effective                              
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 182(FIN)                                                                  
    "An Act relating to certain vehicles, including motorcycles and                                 
    trailers; relating to the registration, bonding, and other regulation                           
    of motor vehicle dealers; relating to the registration and other                                
    regulation of certain motor vehicle buyers' agents; relating to acts                            
    and transactions involving vehicles, including trailers, and to the                             
    acts and practices of certain persons and entities involved in                                  
    vehicle transactions, including trailer transactions; amending Rule                             
    3, Alaska Rules of Civil Procedure; and providing for an effective                              
    date."                                                                                          
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Whitaker, Lancaster, Hudson, Mulder                                                   
                                                                                                    
No recommendation (3):  Bunde, Harris, Williams                                                     
                                                                                                    
Amend (3):  Croft, Davies, Moses                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 182(FIN):                                                
                                                                                                    

2002-04-11                     House Journal                      Page 2881
1.  Fiscal, Dept. of Law                                                                            
2.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 182 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 271                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 271                                                                              
    "An Act relating to recovery of punitive damages resulting from                                 
    an aviation accident; and providing for an effective date."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 271(L&C)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Hayes, Halcro                                                                         
                                                                                                    
No recommendation (2):  Crawford, Murkowski                                                         
                                                                                                    
Amend (3):  Rokeberg, Meyer, Kott                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 271(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 271 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 408                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 408                                                                              
    "An Act relating to questionnaires and surveys administered in the                              
    public schools."                                                                                
                                                                                                    

2002-04-11                     House Journal                      Page 2882
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 408(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Cissna, Joule, Wilson, Stevens                                                        
                                                                                                    
Do not pass (3):  Coghill, Kohring, Dyson                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 408(HES):                                                
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 408 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SJR 31                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 31(STA)                                                      
    Urging the United States Congress to permit the use of tax exempt                               
    bonds to fund loans for veterans who served after 1976.                                         
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wilson, Crawford, Stevens, James, Hayes, Coghill                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Senate State Affairs Committee                                                            
                                                                                                    
CSSJR 31(STA) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 291                                                                                            
The Finance Committee has considered:                                                               

2002-04-11                     House Journal                      Page 2883
    CS FOR SENATE BILL NO. 291(RLS)                                                                 
    "An Act making supplemental and other appropriations; amending                                  
    appropriations; and providing for an effective date."                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 291(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Harris, Hudson, Mulder, Williams                                                      
                                                                                                    
Do not pass (1):  Lancaster                                                                         
                                                                                                    
Amend (4):  Whitaker, Croft, Davies, Bunde                                                          
                                                                                                    
CSSB 291(RLS) is on today's calendar.                                                               
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - Janice Kay Lienhart                                                                   
By Senators Halford, Donley, Ward, Taylor, Cowdery                                                  
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 438                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 438                                                                              
    "An Act relating to motor vehicle registration plates for disabled                              
    veterans; and providing for an effective date."                                                 

2002-04-11                     House Journal                      Page 2884
with the:                                                  Journal Page                             
                                                                                                    
 MLV RPT CS(MLV) 6DP                                               2485                             
 FN1: (ADM)                                                        2486                             
 STA RPT CS(STA) 5DP                                               2775                             
 FN2: ZERO(H.STA/ADM)                                              2775                             
 FIN REFERRAL WAIVED                                               2838                             
                                                                                                    
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. 438(STA)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
438(STA) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 438(STA) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 438(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 438(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg,                                          
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
Absent:  Halcro                                                                                     
                                                                                                    
And so, CSHB 438(STA) passed the House.                                                             

2002-04-11                     House Journal                      Page 2885
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 438(STA) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
HB 444                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 444                                                                              
    "An Act relating to buildings covered under the Alaska public                                   
    building fund; and providing for an effective date."                                            
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT 7DP                                                       2848                             
 FN1: ZERO(ADM)                                                    2848                             
                                                                                                    
Representative James moved and asked unanimous consent that                                         
HB 444 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 444 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 444 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 444                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                        
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
And so, HB 444 passed the House.                                                                    

2002-04-11                     House Journal                      Page 2886
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 444 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
HB 504                                                                                            
The following, which was on today's calendar, was in the Finance                                    
Committee:                                                                                          
                                                                                                    
    HOUSE BILL NO. 504                                                                              
    "An Act relating to the wages of people working in the fisheries                                
    business."                                                                                      
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 291                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 291(RLS)                                                                 
    "An Act making supplemental and other appropriations; amending                                  
    appropriations; and providing for an effective date."                                           
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT HCS(FIN) 4DP 1DNP 4AM                                     2883                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 291(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Scalzi, Lancaster,                                   
Stevens, Bunde, Chenault, and Kohring:                                                              
                                                                                                    
Page 3, lines 23 - 30:                                                                              
 Delete all material.                                                                               

2002-04-11                     House Journal                      Page 2887
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, line 6:                                                                                     
 Delete "13(b), and 14(a)"                                                                          
 Insert "12(b), and 13(a)"                                                                          
                                                                                                    
Representative Scalzi moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
Representative Hudson moved and asked unanimous consent that he                                     
be allowed to abstain from voting due to a conflict of interest.                                    
Objection was heard, and Representative Hudson was required to vote.                                
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 291(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  20   NAYS:  16   EXCUSED:  4   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Dyson,                                   
Guess, Halcro, Hudson, Joule, Kohring, Lancaster, Morgan, Moses,                                    
Murkowski, Rokeberg, Scalzi, Stevens, Wilson                                                        
                                                                                                    
Nays:  Crawford, Davies, Harris, Hayes, James, Kapsner, Kerttula,                                   
Kookesh, Kott, Masek, McGuire, Meyer, Mulder, Porter, Whitaker,                                     
Williams                                                                                            
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
                                                                                                    
Hayes changed from "Yea" to "Nay".                                                                  
Kohring changed from "Nay" to "Yea".                                                                
Davies changed from "Yea" to "Nay".                                                                 
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Croft:                                                

2002-04-11                     House Journal                      Page 2888
Page 7, following line 3:                                                                           
    Insert a new subsection to read:                                                                
 "(c)  The sum of $16,900,000 is appropriated to the University of                                  
Alaska for the period April 1, 2002, through June 30, 2003."                                        
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
Amendment to Amendment No. 2 was offered  by Representative                                          
Whitaker:                                                                                           
                                                                                                    
    Delete "16,900,000"                                                                             
    Insert "6,000,000"                                                                              
                                                                                                    
Representative Whitaker moved and asked unanimous consent that                                      
that Amendment to Amendment No. 2 be adopted.                                                       
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment to Amendment No. 2 was adopted.                                                           
                                                                                                    
                                                                                                    
The Speaker stated that the House would stand at ease for a Majority                                
Caucus; and so, the House stood at ease at 11:51 a.m.                                               
                                                                                                    
                             AFTER AT EASE                                                       
                                                                                                    
The Speaker called the House back to order at 12:41 p.m.                                            
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                              (continued)                                                          
                                                                                                    
SB 291                                                                                            
Representative James placed a call of the House and lifted the call.                                
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until 5:15 p.m.; and so, the House recessed at 12:46 p.m.                                           
                                                                                                    

2002-04-11                     House Journal                      Page 2889
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 5:21 p.m.                                             
                                                                                                    
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                              (continued)                                                          
                                                                                                    
SB 291                                                                                            
HCS CSSB 291(FIN) am H was before the House with Amendment                                          
No. 2 as amended pending.                                                                           
                                                                                                    
Representative Croft placed a call of the House and lifted the call.                                
                                                                                                    
Representatives Crawford, Davies, 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 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCS CSSB 291(FIN) am H                                                                              
Second Reading                                                                                      
Amendment No. 2 as amended                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  17   NAYS:  19   EXCUSED:  4   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Hayes, Joule, Kapsner, Kerttula, Kookesh, McGuire, Moses,                                           
Murkowski, Stevens, Wilson                                                                          
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Harris, Hudson, James,                                      
Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Mulder, Porter,                                     
Rokeberg, Scalzi, Whitaker, Williams                                                                
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
Whitaker changed from "Yea" to "Nay".                                                               
                                                                                                    
And so, Amendment No. 2 as amended was not adopted.                                                 
                                                                                                    

2002-04-11                     House Journal                      Page 2890
Amendment No. 3 and Amendment No. 4 were not offered.                                               
                                                                                                    
Amendment No. 5 was offered  by Representative Davies:                                               
                                                                                                    
Page 3, line 6, following "SAFETY.":                                                                
    Insert "(a)"                                                                                    
                                                                                                    
Page 3, following line 9:                                                                           
    Insert a new subsection to read:                                                                
 "(b)  The sum of $288,200 is appropriated from the general fund                                    
to the Department of Public Safety for the fiscal year ending June 30,                              
2002, for the costs incurred in operating the Yukon River checkpoint."                              
                                                                                                    
Page 4, line 28, following "increase":                                                              
    Insert ";                                                                                       
  (5)  the sum of $66,900 is appropriated for Valdez airport                                        
security;                                                                                           
  (6)  the sum of $42,200 is appropriated for the Fox weigh                                         
station"                                                                                            
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 291(FIN) am H                                                                              
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
                                                                                                    
YEAS:  12   NAYS:  24   EXCUSED:  4   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Halcro, Harris, Hudson,                                     
James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                     
Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                     
Williams, Wilson                                                                                    
                                                                                                    

2002-04-11                     House Journal                      Page 2891
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
Amendment No. 6 was offered  by Representatives Wilson and                                           
Kerttula:                                                                                           
                                                                                                    
Page 2, line 9:                                                                                     
    Delete: "2,038,500"                                                                             
    Insert:  "2,876,900"                                                                            
                                                                                                    
Representative Wilson moved and asked unanimous consent that                                        
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 291(FIN) am H                                                                              
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  12   NAYS:  23   EXCUSED:  4   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Davies, Hayes, Hudson, Joule,                                   
Kapsner, Kerttula, Kookesh, Moses, Wilson                                                           
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Croft, Dyson, Guess, Halcro, Harris,                               
James, Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Mulder,                                      
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams                                    
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
Absent:  McGuire                                                                                    
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 7 was offered  by Representative Davies:                                               
                                                                                                    
Page 3, line 1, following "EQUALIZATION."                                                           
 Insert "(a)"                                                                                       

2002-04-11                     House Journal                      Page 2892
Page 3, following line 5:                                                                           
 Insert new subsections to read:                                                                    
 "(b)  The sum of $1,100,000 is appropriated from the general fund                                  
to the power cost equalization and rural electric capitalization fund                               
(AS 42.45.100).                                                                                     
 (c)  The sum of $1,100,000 is appropriated from the power cost                                     
equalization and rural electric capitalization fund (AS 42.45.100) to                               
the Department of Community & Economic Development for the                                          
power cost equalization program for the fiscal year ending                                          
June 30, 2002."                                                                                     
                                                                                                    
Page 7, line 4, following "9":                                                                      
 Insert "(a) and (b)"                                                                               
                                                                                                    
Page 7, line 8:                                                                                     
 Delete "appropriation"                                                                             
 Insert "appropriations"                                                                            
                                                                                                    
Page 7, line 8, following "Act"                                                                     
 Delete "is"                                                                                        
 Insert "are"                                                                                       
                                                                                                    
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 7 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
Representative Joule moved and asked unanimous consent that he be                                   
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Joule was required to vote.                                           
                                                                                                    
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 291(FIN) am H                                                                              
Second Reading                                                                                      
Amendment No. 7                                                                                     
                                                                                                    
                                                                                                    
YEAS:  14   NAYS:  22   EXCUSED:  4   ABSENT:  0                                                  
                                                                                                    

2002-04-11                     House Journal                      Page 2893
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Morgan, Moses, Wilson                                            
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Halcro, Harris, Hudson,                                     
James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder,                                     
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams                                    
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
Morgan changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, Amendment No. 7 was not adopted.                                                            
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSB 291(FIN) am H be considered engrossed, advanced to third                                       
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
HCS CSSB 291(FIN) am H was read the third time.                                                     
                                                                                                    
The question being:  "Shall HCS CSSB 291(FIN) am H pass the                                         
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 291(FIN) am H                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  3   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson,                                    
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                        
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Kookesh                                                                   
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
And so, HCS CSSB 291(FIN) am H passed the House.                                                    
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              

2002-04-11                     House Journal                      Page 2894
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being: "Shall the effective date clause be adopted?"  The                              
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSB 291(FIN) am H                                                                              
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                        
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Fate, Foster, Green, Ogan                                                                 
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
HCS CSSB 291(FIN) am H was referred to the Chief Clerk for                                          
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                      HOUSE BILLS IN THIRD READING                                               
                                                                                                    
HB 506                                                                                            
The Speaker stated that the following, which had been held in third                                 
reading from the April 10, 2002, calendar (page 2867), would be                                     
returned to the Rules Committee:                                                                    
                                                                                                    
    HOUSE BILL NO. 506                                                                              
    "An Act relating to legislative immunity."                                                      
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    

2002-04-11                     House Journal                      Page 2895
Honoring - David W. Marquez                                                                         
By Representatives Bunde, Porter, Berkowitz, Chenault, Cissna,                                      
Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes,                                 
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg,                                           
Stevens, Williams, Wilson                                                                           
                                                                                                    
                                                                                                    
Honoring - Dave Harbour along with the Volunteers and Public                                        
Service Sponsors of Northern Gas Pipelines                                                          
By Representatives Lancaster, Porter, Berkowitz, Bunde, Chenault,                                   
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro,                               
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kott, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                       
Rokeberg, Stevens, Whitaker, Williams, Wilson                                                       
                                                                                                    
                                                                                                    
Honoring - Valdez High School 2002 Buccaneers, Class 3A Boys                                        
State Basketball Champions                                                                          
By Representatives Harris, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro,                               
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                                   
                                                                                                    
                                                                                                    
Honoring - Arctic Knights '88 Girls Soccer Team                                                     
By Representatives James, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro,                               
Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott,                                     
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Stevens, Williams, Wilson                                                           
                                                                                                    
                                                                                                    
Honoring - Alaska Tanker Company, LLC                                                               
By Representatives Harris, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro,                                     
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Stevens, Williams, Wilson                                                           

2002-04-11                     House Journal                      Page 2896
Honoring - William Seward                                                                           
By Representatives Dyson, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Fate, Guess, Halcro, Harris,                              
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan,                                          
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         
                                                                                                    
In Memoriam - Dominick "Nick" Colombo                                                               
By Representatives Harris, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro,                                     
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster,                                    
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                             
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         
                                                                                                    
In Memoriam - Dawn Marie Shoemaker                                                                  
By Representatives Lancaster, Chenault, Porter, Berkowitz, Bunde,                                   
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro,                                     
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Masek,                                
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
In Memoriam - David Glen Hardage                                                                    
By Representatives Ogan, Porter, Berkowitz, Bunde, Chenault, Cissna,                                
Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris,                                     
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Bunde - from 6:56 a.m., April 18 to 10:04 a.m., plane                                
time, April 22, 2002                                                                                
                                                                                                    
Representative McGuire - from 6:56 p.m., April 12 to 6:26 p.m., plane                               
time, April 14, 2002                                                                                

2002-04-11                     House Journal                      Page 2897
Representative Morgan - from 2:05 p.m., April 12 to 9:35 p.m., plane                                
time, April 18, 2002 (amended from page 2787)                                                       
                                                                                                    
                                                                                                    
HB 438                                                                                            
Representative James added her name as cosponsor to:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 438(STA)                                                                  
    "An Act relating to motor vehicle registration plates for disabled                              
    veterans; and providing for an effective date."                                                 
                                                                                                    
HB 444                                                                                            
Representative Rokeberg added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 444                                                                              
    "An Act relating to buildings covered under the Alaska public                                   
    building fund; and providing for an effective date."                                            
                                                                                                    
SJR 23                                                                                            
Representative Rokeberg added his name as cross sponsor 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.                                        
                                                                                                    
SJR 31                                                                                            
Representatives Coghill, Hayes, Wilson, Crawford, Stevens, and                                      
James added their names as cross sponsors to:                                                       
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 31(STA)                                                      
    Urging the United States Congress to permit the use of tax exempt                               
    bonds to fund loans for veterans who served after 1976.                                         
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 397                                                                                            
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:                                                        

2002-04-11                     House Journal                      Page 2898
    CS FOR HOUSE BILL NO. 397(STA)                                                                  
    "An Act exempting a person driving certain motor vehicles,                                      
    aircraft, or watercraft from driver licensing requirements; and                                 
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
HB 438                                                                                            
CSHB 438(STA) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 444                                                                                            
HB 444 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
SB 291                                                                                            
HCS CSSB 291(FIN) am H was engrossed, signed by the Speaker and                                     
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HJR 33                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:30 p.m.,                                 
April 10, 2002:                                                                                     
                                                                                                    
    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.                                                
                                                                                                    
HJR 44                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:15 p.m.,                                 
April 11, 2002:                                                                                     
                                                                                                    

2002-04-11                     House Journal                      Page 2899
    SCS FOR CS FOR HOUSE JOINT RESOLUTION NO. 44(RES)                                               
    am S(reengrossed)                                                                               
    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.                                                                                 
                                                                                                    
                                                                                                    
                             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 12, 2002.  There being no                                     
objection, the House adjourned at 6:15 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk