Legislature(2001 - 2002)

2002-04-17 House Journal

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2002-04-17                     House Journal                      Page 2963
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                 Wednesday                 April 17, 2002                           
                                                                                                    
                           Ninety-fourth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:08 a.m.                                                                                
                                                                                                    
Roll call showed 32 members present.  Representatives Kookesh,                                      
Morgan, and Ogan had been previously excused from a call of the                                     
House today.  Representative Masek was excused from a call of the                                   
House today because of illness.  Representatives Croft, Mulder,                                     
Rokeberg, and Williams were absent and their presence was noted                                     
later.                                                                                              
                                                                                                    
The invocation was offered by the Reverend Steve Olmstead of                                        
Chapel By The Lake Presbyterian Church.  Representative Green                                       
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
    The Lord is my Shepherd - that's relationship!                                                  
    I shall not want - that's supply!                                                               
    He maketh me lie down in green pastures - that's rest!                                          
    He leads me beside still waters - that's refreshment!                                           
    He restores my soul - that's healing!                                                           
    He leadeth me in paths of righteousness - that's guidance!                                      
    For His Name's sake - that's purpose!                                                           
      Yea, though I walk through the valley of the shadow of death                                 
    - that's comfort, and sometimes, testing!                                                       
    I will fear no evil - that's protection!                                                        
    For Thou art with me - that's faithfulness!                                                     
    Thy rod and Thy staff they comfort me - that's discipline!                                      
         Thou preparest a table before me in the presence of my                                    
    enemies - that's hope!                                                                          
    Thou anointest my head with oil - that's consecration!                                          

2002-04-17                     House Journal                      Page 2964
    My cup runneth over - that's abundance!                                                         
      Surely goodness and mercy shall follow me all the days of my                                 
    life - that's blessing!                                                                         
    And I will dwell in the house of the Lord - that's security!                                    
    Forever - that's eternity!                                                                      
                                                                                                    
          Lord, may Your Word guide and comfort and direct the                                     
       legislative session and may Your will be done.  In Jesus'                                   
    Name.  Amen.                                                                                    
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Chenault.                                        
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 93rd legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Dyson introduced Aneliese Palmer, Guest Page, from                                   
Anchorage.                                                                                          
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
A letter dated April 12, 2002, was read stating that, in accordance with                            
AS 39.05.080, the Governor submits the following name for                                           
legislative confirmation of appointment to the commission noted.  The                               
Speaker referred the following to the State Affairs Committee:                                      
                                                                                                    
Alaska Public Offices Commission (APOC)                                                           
 John Dapcevich - Juneau                                                                            
  Appointed:  01/16/2001   Reappointed 04/12/2002                                                   
  Term Expires:  03/01/2007                                                                         
                                                                                                    
A resume for the appointment is on file in the Chief Clerk's office.                                

2002-04-17                     House Journal                      Page 2965
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
SB 242                                                                                            
A message dated April 16, 2002, was read stating the Senate has                                     
concurred in the House amendment to SB 242, thus adopting:                                          
                                                                                                    
    SENATE BILL NO. 242 am H                                                                        
    "An Act relating to concealed handgun permittees."                                              
                                                                                                    
                                                                                                    
A message dated April 16, 2002, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 345                                                                                            
SENATE BILL NO. 345 by the Senate Health, Education & Social                                        
Services Committee, entitled:                                                                       
                                                                                                    
    "An Act relating to medical assistance for rehabilitative services                              
    for certain children with disabilities; relating to agreements to pay                           
    medical assistance for covered services paid for or furnished to                                
    eligible children with disabilities by a school district; and                                   
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
SB 354                                                                                            
SENATE BILL NO. 354 by the Senate Health, Education & Social                                        
Services Committee, entitled:                                                                       
                                                                                                    
    "An Act relating to the prices paid by milk processing plants to                                
    suppliers of fluid milk."                                                                       
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    

2002-04-17                     House Journal                      Page 2966
                             COMMUNICATIONS                                                      
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Labor & Workforce Development                                                              
Alaska Labor Relations Agency                                                                       
2001 Annual Report                                                                                  
April 2002                                                                                          
(as required by AS 23.05.370)                                                                       
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
The Health, Education & Social Services Committee has reviewed the                                  
qualifications of:                                                                                  
                                                                                                    
                            Steven Beardsley                                                       
               Professional Teaching Practices Commission                                          
                                                                                                    
and recommends the following:                                                                       
                                                                                                    
Confirm (3):  Wilson, Cissna, Joule                                                                 
                                                                                                    
No recommendation (2):  Coghill, Dyson                                                              
                                                                                                    
The report was signed by Representative Dyson, Chair.                                               
                                                                                                    
HB 6                                                                                              
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    HOUSE BILL NO. 6                                                                                
    "An Act relating to optional exemptions from municipal property                                 
    taxes on residential property."                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 6(CRA)                                                                    
    (same title)                                                                                    

2002-04-17                     House Journal                      Page 2967
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Scalzi, Halcro, Murkowski, Kerttula, Meyer                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 6(CRA):                                                  
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 6 was referred to the Finance Committee.                                                         
                                                                                                    
                                                                                                    
HB 246                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 246                                                                              
    "An Act relating to confidentiality of records and to cease and                                 
    desist orders of the division of insurance, to insurance company                                
    investments, to unauthorized insurers, to surplus lines insurance,                              
    to health insurance, to life insurance, to annuity insurance, to                                
    consumer credit insurance, to title insurance, and to hospital and                              
    medical service corporations; and providing for an effective date."                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 246(L&C)                                                                  
    "An Act relating to regulation of a person providing insurance for                              
    the cost of medical care, to confidentiality of insurance records, to                           
    insurance hearings, to insurance fees, to annual and quarterly                                  
    statements by insurers, to managed care insurance, to taxes on                                  
    insurance, to insurer certificates of authority, to risk based capital                          
    for insurers, to unauthorized and nonadmitted insurers, to surplus                              
    lines insurance, to health insurance, to life insurance, to annuity                             
    insurance, to consumer credit insurance, to insurer liquidation, to                             
    multiple employer welfare arrangements, to the Alaska Insurance                                 
    Guaranty Association, to hospital and medical service                                           
    corporations, and to regulation of insurance producers, agents,                                 
    brokers, managers, and adjusters; and providing for an effective                                
    date."                                                                                          
                                                                                                    

2002-04-17                     House Journal                      Page 2968
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Rokeberg, Hayes, Crawford, Kott, Murkowski                                            
                                                                                                    
No recommendation (1):  Meyer                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 246(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 246 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
**The presence of Representatives Mulder and Williams was noted.                                    
                                                                                                    
                                                                                                    
HB 317                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 317                                                                              
    "An Act relating to stalking and amending Rule 4, Alaska Rules of                               
     Civil Procedure, and Rule 9, Alaska Rules of Administration."                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 317(FIN)                                                                  
    "An Act relating to stalking and to violating a protective order;                               
    and amending Rules 4 and 65, Alaska Rules of Civil Procedure,                                   
    and Rule 9, Alaska Rules of Administration."                                                    
                                                                                                    
The report was signed by Representative Mulder, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Bunde, Whitaker, Harris, Davies, Lancaster, Hudson,                                   
Mulder                                                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 317(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              

2002-04-17                     House Journal                      Page 2969
2.  Indeterminate, Dept. of Corrections                                                             
3.  Indeterminate, Dept. of Administration                                                          
5.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 317 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 393                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 393                                                                              
    "An Act relating to unfair and deceptive trade practices and to the                             
    sale of business opportunities; amending Rules 4 and 73, Alaska                                 
    Rules of Civil Procedure; and providing for an effective date."                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 393(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Bunde, Whitaker, Harris, Croft, Davies, Lancaster,                                   
Hudson, Foster, Mulder, Williams                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 393(JUD):                                                
                                                                                                    
1.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 393 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 429                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 429                                                                              
    "An Act relating to certain licenses for the sale of tobacco                                    
    products; relating to tobacco taxes and sales and cigarette tax                                 

2002-04-17                     House Journal                      Page 2970
    stamps; relating to provisions making certain cigarettes                                        
    contraband and subject to seizure and forfeiture; relating to certain                           
    crimes, penalties, and interest concerning tobacco taxes and sales;                             
    relating to notification regarding a cigarette manufacturer's                                   
    noncompliance with the tobacco product Master Settlement                                        
    Agreement or related statutory provisions and to confiscation of                                
    the affected cigarettes; and providing for an effective date."                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 429(L&C)                                                                  
    "An Act relating to certain licenses for the sale, distribution, or                             
    manufacture of tobacco products; relating to tobacco taxes and                                  
    sales and cigarette tax stamps; relating to provisions making                                   
    certain cigarettes contraband and subject to seizure and forfeiture;                            
    relating to certain crimes, penalties, and interest concerning                                  
    tobacco taxes and sales; relating to notification regarding a                                   
    cigarette manufacturer's noncompliance with the tobacco product                                 
    Master Settlement Agreement or related statutory provisions and                                 
    to confiscation of the affected cigarettes; and providing for an                                
    effective date."                                                                                
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Crawford                                                                              
                                                                                                    
Do not pass (2):  Meyer, Kott                                                                       
                                                                                                    
No recommendation (4):  Rokeberg, Hayes, Halcro, Murkowski                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 429(L&C):                                                
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 429 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
SB 11                                                                                             
The Health, Education & Social Services Committee has considered:                                   

2002-04-17                     House Journal                      Page 2971
    CS FOR SENATE BILL NO. 11(FIN)                                                                  
    "An Act relating to required school attendance; and providing for                               
    an effective date."                                                                             
                                                                                                    
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Wilson, Stevens, Dyson                                                                
                                                                                                    
No recommendation (1):  Joule                                                                       
                                                                                                    
Amend (2):  Coghill, Cissna                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
CSSB 11(FIN) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
                                                                                                    
SB 319                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 319(FIN)                                                                 
    "An Act relating to shallow natural gas; and providing for an                                   
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 319(RES)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Chenault, Fate, Stevens, Green, McGuire, Kerttula,                                    
Masek, Scalzi                                                                                       
                                                                                                    

2002-04-17                     House Journal                      Page 2972
The following fiscal note(s) apply to HCS CSSB 319(RES):                                            
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
CSSB 319(FIN) was referred to the Finance Committee.                                                
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Lee Egland                                                                               
By Representative Bunde                                                                             
                                                                                                    
Honoring - Prince William Sound Community College, 10th                                             
Anniversary, Last Frontier Theatre Conference                                                       
By Representative Harris                                                                            
                                                                                                    
Honoring - The 2001 State Swimming and Diving Champions, The                                        
Dimond High Lynx                                                                                    
By Representative McGuire                                                                           
                                                                                                    
Honoring - Ping Tung Chang, 2001 Professor of the Year                                              
By Representative Kohring                                                                           
                                                                                                    
Honoring - Captain Warren R. Thompson                                                               
By Representative Joule; Senator Olson                                                              
                                                                                                    
Honoring - Mr. Charlie Curtis, 2002 NANA Shareholder of the Year                                    
By Representative Joule; Senator Olson                                                              
                                                                                                    
Honoring - John and Judy Stenford                                                                   
By Senator Taylor                                                                                   
                                                                                                    
In Memoriam - Violet Vera McDaniel                                                                  
By Representative Harris; Senator Lincoln                                                           
                                                                                                    
In Memoriam - William Adair Jardel Sr.                                                              
By Senators Halford, Phillips; Representative Dyson                                                 
                                                                                                    

2002-04-17                     House Journal                      Page 2973
In Memoriam - Robert Louis Jernberg, February 22, 1907 - April 4,                                   
2002                                                                                                
By Senator Taylor                                                                                   
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 521                                                                                            
HOUSE BILL NO. 521 by the House Labor & Commerce Committee,                                         
entitled:                                                                                           
                                                                                                    
    "An Act relating to municipal improvement areas."                                               
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs Committee.                                                                                  
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 443                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 443                                                                              
    "An Act retroactively extending the application and licensing                                   
    deadlines and amending the effective date of certain provisions                                 
    relating to regulation of persons who practice tattooing and                                    
    permanent cosmetic coloring or body piercing; and providing for                                 
    an effective date."                                                                             
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) 7DP                                               2775                             
 FN1: (DEC)                                                        2776                             
 FIN RPT CS(L&C) 7DP                                               2847                             
 FN1: (DEC)                                                        2848                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2002-04-17                     House Journal                      Page 2974
    CS FOR HOUSE BILL NO. 443(L&C)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB                                    
443(L&C) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 443(L&C) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 443(L&C) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 443(L&C)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
McGuire, Meyer, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens,                                  
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, CSHB 443(L&C) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 443(L&C) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
HB 504                                                                                            
The following was read the second time:                                                             
                                                                                                    

2002-04-17                     House Journal                      Page 2975
    HOUSE BILL NO. 504                                                                              
    "An Act relating to the wages of people working in the fisheries                                
    business."                                                                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 3DP 1DNP 2NR 1AM                               2796                             
 FN1: (LWF)                                                        2796                             
 FIN RPT CS(FIN) 5DP 3DNP 1NR                                      2946                             
 FN2: ZERO(H.FIN/LWF)                                              2946                             
                                                                                                    
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. 504(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered by Representative Hudson:                                               
                                                                                                    
Page 1, line 6, following "each":                                                                   
 Insert "eight-hour"                                                                                
                                                                                                    
Representative Hudson moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative James moved and asked unanimous consent that CSHB                                    
504(FIN) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSHB 504(FIN) am will be in third reading on                                
tomorrow's calendar.                                                                                
                                                                                                    
HB 515                                                                                            
The following was read the second time:                                                             
                                                                                                    

2002-04-17                     House Journal                      Page 2976
    HOUSE BILL NO. 515                                                                              
    "An Act relating to missions and measures to be applied to certain                              
    expenditures by the executive branch of state government and the                                
    University of Alaska and by the judicial branch of state                                        
    government from the state operating budget for the fiscal year                                  
    ending June 30, 2003; and providing for an effective date."                                     
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT CS(FIN) 6DP 1NR 2AM                                       2948                             
 FN1: ZERO(H.FIN/ALL DEPTS)                                        2948                             
                                                                                                    
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. 515(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered by Representatives Mulder and                                           
Lancaster:                                                                                          
                                                                                                    
Page 13, line 31:                                                                                   
 Delete ";"                                                                                         
 Insert "."                                                                                         
                                                                                                    
Page 14, line 1:                                                                                    
 Delete all material.                                                                               
                                                                                                    
Representative Mulder moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Croft objected and withdrew the objection.  There                                    
being no further objection, it was so ordered.                                                      
                                                                                                    
Amendment No. 2 was not offered.                                                                    
                                                                                                    
Amendment No. 3 was offered by Representative Croft:                                                
                                                                                                    

2002-04-17                     House Journal                      Page 2977
Page 1, line 2, following "Alaska" (title amendment):                                             
 Insert ", the legislative branch of government,"                                                 
                                                                                                    
Page 59, following line 5:                                                                          
 Insert a new article to read:                                                                      
                 "Article 17.  Alaska State Legislature                                          
   * Sec. 154.  Alaska State Legislature.  (a)  The mission of the                                
Alaska State Legislature is to adopt a balanced budget.                                             
 (b)  The legislature intends to measure its success by whether the                                 
legislature adopts a budget that balances revenue and expenditures                                  
without unsustainable withdrawals from the State of Alaska's savings                                
accounts."                                                                                          
                                                                                                    
Renumber remaining article and subsections.                                                         
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 515(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  16   NAYS:  19   EXCUSED:  4   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Fate, Guess,                                     
Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Moses, Scalzi,                                     
Wilson                                                                                              
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Foster, Green, Harris, James,                               
Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski,                                        
Porter, Stevens, Whitaker, Williams                                                                 
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    

2002-04-17                     House Journal                      Page 2978
Representative James moved and asked unanimous consent that CSHB                                    
515(FIN) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 515(FIN) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 515(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 515(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
McGuire, Meyer, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens,                                  
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, CSHB 515(FIN) am passed the House.                                                          
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 515(FIN) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 328                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 328                                                                             
    "An Act requiring that a nonresident big game hunter be                                         
    accompanied by a big game guide who is providing big game                                       
    hunting services to the nonresident under a contract with the                                   

2002-04-17                     House Journal                      Page 2979
    nonresident or who is employed by a big game guide who has a                                    
    contract to provide big game hunting services to the nonresident."                              
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 9DP                                                       2952                             
 FN1: ZERO(DPS)                                                    2952                             
 FN2: ZERO(CED)                                                    2952                             
                                                                                                    
Representative James moved and asked unanimous consent that                                         
SB 328 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
SB 328 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SB 328 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 328                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  4   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Lancaster,                                        
McGuire, Meyer, Moses, Murkowski, Porter, Scalzi, Stevens,                                          
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Kott, Mulder, Rokeberg                                                                     
                                                                                                    
And so, SB 328 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 208                                                                                            
The following, which was advanced to third reading from the April 16,                               
2002, calendar (page 2954), was read the third time:                                                

2002-04-17                     House Journal                      Page 2980
    CS FOR HOUSE BILL NO. 208(RES)                                                                  
    "An Act relating to aquatic farming of shellfish; and providing for                             
    an effective date."                                                                             
                                                                                                    
The question being:  "Shall CSHB 208(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 208(RES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
McGuire, Meyer, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens,                                  
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, CSHB 208(RES) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 208(RES) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
HB 373                                                                                            
The following, which was advanced to third reading from the April 16,                               
2002, calendar (page 2955), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 373(JUD)                                                                  
    "An Act relating to marijuana and controlled substances and                                     
    forfeitures related to controlled substances."                                                  
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
CSHB 373(JUD) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  

2002-04-17                     House Journal                      Page 2981
Amendment No. 1 was offered by Representative Murkowski:                                            
                                                                                                    
Page 1, lines 4 - 11:                                                                               
 Delete all material and insert:                                                                    
"* Section 1.  AS 11.71.080 is amended to read:                                                   
                  Sec. 11.71.080.  Prosecutions involving                                     
         [AGGREGATE WEIGHT OF] live marijuana plants.  For                                        
         purposes of calculating the aggregate weight of a live                                     
         marijuana plant, the aggregate weight shall be the measured                            
         weight of the marijuana when reduced to its commonly used                                  
         form.  Only the amount of marijuana necessary to                                       
         establish the  violation of this chapter must be reduced to                            
         its commonly used form.  Additional marijuana and                                      
         marijuana plants are contraband subject to AS 17.30.110."                              
                                                                                                    
Page 2, line 12, following "materials or":                                                          
    Insert "dangerous, toxic, or hazardous"                                                         
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The question being:  "Shall CSHB 373(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 373(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
McGuire, Meyer, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens,                                  
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, CSHB 373(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        

2002-04-17                     House Journal                      Page 2982
                      HOUSE BILLS IN THIRD READING                                               
                                                                                                    
HB 474                                                                                            
The following, which had been held in third reading from the April 16,                              
2002, calendar (page 2956), was again before the House:                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 474(CRA)                                                                  
    "An Act relating to public rights-of-way and easements for surface                              
    transportation affecting the Anchorage Coastal Wildlife Refuge."                                
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
CSHB 474(CRA) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 1 was offered by Representative Halcro:                                               
                                                                                                    
Page 1, line 13, through page 2, line 1:                                                            
 Delete "the state may not acquire or create a right-of-way or                                  
other easement for surface transportation below the crest of the                                
coastal bluff or below Campbell Lake without the prior approval                                 
of the legislature by law"                                                                      
 Insert "a state agency may not take final action to acquire or                                 
create a right-of-way or other easement for surface transportation                              
within the refuge until 60 days after the agency has submitted                                  
notice of the proposed action to the legislature; the notice must be                            
submitted to the legislature during the regular legislative session                             
before February 1"                                                                              
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
**The presence of Representative Rokeberg was noted.                                                
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered by Representative                                          
McGuire:                                                                                            
                                                                                                    

2002-04-17                     House Journal                      Page 2983
Following "transportation":                                                                     
 Delete "within the refuge"                                                                     
 Insert "below the crest of the coastal bluff or below Campbell                                 
Lake"                                                                                           
                                                                                                    
Following "until":                                                                              
 Delete "60"                                                                                    
 Insert "45"                                                                                    
                                                                                                    
Representative McGuire moved and asked unanimous consent that the                                   
Amendment to Amendment No. 1 be adopted.                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
Representative McGuire withdrew the Amendment to Amendment                                          
No. 1.                                                                                              
                                                                                                    
New Amendment to Amendment No. 1 was offered by Representative                                      
McGuire:                                                                                            
                                                                                                    
Following "until":                                                                              
 Delete "60"                                                                                    
 Insert "45"                                                                                    
                                                                                                    
Representative McGuire moved and asked unanimous consent that the                                   
new Amendment to Amendment No. 1 be adopted.  There being no                                        
objection, it was so ordered.                                                                       
                                                                                                    
There being no further objection, Amendment No. 1 as amended was                                    
adopted.                                                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 474(CRA) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 474(CRA) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  5   EXCUSED:  4   ABSENT:  5                                                   
                                                                                                    

2002-04-17                     House Journal                      Page 2984
Yeas:  Bunde, Chenault, Coghill, Crawford, Fate, Foster, Green,                                     
Halcro, Harris, Hudson, James, Joule, Kohring, Kott, Lancaster,                                     
McGuire, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                        
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Berkowitz, Davies, Guess, Kapsner, Kerttula                                                  
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Cissna, Croft, Dyson, Hayes, Moses                                                         
                                                                                                    
And so, CSHB 474(CRA) am passed the House.                                                          
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on CSHB 474(CRA) am.                                                                                
                                                                                                    
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SCR 21                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE CONCURRENT RESOLUTION NO.                                                         
    21(HES)                                                                                         
    Supporting the development of adequate in-state treatment                                       
    capacity for severely disturbed children.                                                       
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT 6DP                                                       2336                             
 FN1: ZERO(S.HES)                                                  2337                             
                                                                                                    
Amendment No. 1 was offered by Representative Davies:                                               
                                                                                                    
Page 2, line 20, following "facilities":                                                            
 Delete "."                                                                                         
 Insert "; and be it FURTHER RESOLVED that the Alaska State                                       
Legislature agrees to work cooperatively and collaboratively with the                               
Department of Health and Social Services to help provide funding                                    
necessary to provide appropriate community-based services for                                       
severely emotionally disturbed children."                                                           
                                                                                                    

2002-04-17                     House Journal                      Page 2985
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Dyson objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSCR 21(HES)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  14   NAYS:  21   EXCUSED:  4   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Hayes, Hudson, Joule, Kapsner, Kerttula, Murkowski, Wilson                                          
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
James, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Porter,                                    
Rokeberg, Scalzi, Stevens, Whitaker, Williams                                                       
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
The question being:  "Shall CSSCR 21(HES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSCR 21(HES)                                                                                       
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
McGuire, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                        
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Excused:  Kookesh, Masek, Morgan, Ogan                                                              
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    

2002-04-17                     House Journal                      Page 2986
And so, CSSCR 21(HES) passed the House, was signed by the                                           
Speaker and Chief Clerk and returned to the Senate.                                                 
                                                                                                    
                          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 McGuire - from 6:56 p.m., April 19 to 10:04 a.m.,                                    
plane time, April 22, 2002                                                                          
                                                                                                    
Representative Whitaker - from 9:00 a.m., April 20 to 10:00 a.m.,                                   
plane time, April 22, 2002                                                                          
                                                                                                    
HB 252                                                                                            
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 252                                                                              
    "An Act relating to the construction of certain statutes relating to                            
    children; relating to the scope of duty and standard of care for                                
    persons who provide services to certain children and families; and                              
    providing for an effective date."                                                               
                                                                                                    
SCR 28                                                                                            
Representative Hudson added his name as cross sponsor to:                                           
                                                                                                    
    CS FOR SENATE CONCURRENT RESOLUTION NO.                                                         
    28(RES)                                                                                         
     Establishing the Joint Legislative Salmon Industry Task Force.                                
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 208                                                                                            
CSHB 208(RES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 373                                                                                            
CSHB 373(JUD) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2002-04-17                     House Journal                      Page 2987
HB 443                                                                                            
CSHB 443(L&C) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 515                                                                                            
CSHB 515(FIN) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been scheduled as indicated:                                        
                                                                                                    
Conference Committee         Capitol 532                 2:30 p.m., 4/17                            
SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                      
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., April 18, 2002.  There being no                                     
objection, the House adjourned at 12:07 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk