Legislature(2001 - 2002)
2002-04-18 House Journal
Full Journal pdf2002-04-18 House Journal Page 2989 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 18, 2002 Ninety-fifth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:08 a.m. Roll call showed 31 members present. Representatives Kookesh, Morgan, Mulder, and Ogan had been previously excused from a call of the House today. Representatives Hayes and Masek were excused from a call of the House today because of illness. Representatives Davies, Kapsner, and Kott were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Hudson. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Heavenly Father, We are gathered here today seeking Your wise counsel and divine guidance. We are mindful of the special trust we enjoy from those we serve and we are struggling to find our way through the complex maze our democracy requires. Lord, we get tired and impatient and we need Your steady hand to help us chart the course our task demands. When I was at sea I used to pray, "Lord, Your sea is so large and my boat is so small. Please guide us through the storm safely and to our destination on time!" 2002-04-18 House Journal Page 2990 Today, Lord, we in this body are adrift and having trouble finding the right course through this fiscal quagmire. And so, we ask again, humbly and with love, that You lead us through to a just and responsible end - an end we can honestly say is fair for everyone we serve. And Father, help every one of us learn that life is tough, but we are tougher; that if we harbor bitterness, happiness will dock somewhere else; that we should keep our words both soft and tender, for tomorrow we may have to eat them; and finally, Lord, that to ignore the facts does not change the facts! We ask these things in the Name of Jesus. Amen. The Pledge of Allegiance was led by Representative Harris. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 94th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HCR 4 A message dated April 17, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(STA) am Declaring February 2002 to be African-American Citizen Recognition Month. Legislative Resolve No. 40 2002-04-18 House Journal Page 2991 HCR 12 A message dated April 17, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 12 Relating to the preservation of employment opportunities for United States longshoremen with respect to unloading and loading of foreign vessels. Legislative Resolve No. 43 HCR 20 A message dated April 17, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 20(STA) Relating to declaring September 11, 2002, as a Day of Remembrance. Legislative Resolve No. 49 HCR 22 A message dated April 17, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 22 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. Legislative Resolve No. 41 HCR 29 A message dated April 17, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 2002-04-18 House Journal Page 2992 HOUSE CONCURRENT RESOLUTION NO. 29 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 208, relating to the labeling of, the advertising of, and the disclosure of certain information about halibut, salmon, halibut products, and salmon products. Legislative Resolve No. 45 HJR 33 A message dated April 12, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 33(MLV) am Expressing gratitude to President George W. Bush, to the President's cabinet, to the men and women of the United States armed forces, and to the United States Congress and declaring support for the war on terrorism and for the President's effort to support democracies and promote peace worldwide. Legislative Resolve No. 48 HJR 37 A message dated April 12, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 37 Congratulating Alaska Airlines on its 70th Anniversary. Legislative Resolve No. 46 SCR 22 A message dated April 17, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 2002-04-18 House Journal Page 2993 SENATE CONCURRENT RESOLUTION NO. 22 Relating to declaring March 2002 as Sobriety Awareness Month. Legislative Resolve No. 42 SCR 23 A message dated April 17, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 23 am H Relating to declaring April 6, 2002, as Alaska Tartan Day. Legislative Resolve No. 47 SCR 27 A message dated April 17, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 27 Authorizing a recess by the Senate for a period of more than three days. Legislative Resolve No. 44 SB 343 The following letter dated April 17, 2002, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the second session of the Twenty-second Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2002-04-18 House Journal Page 2994 CS FOR SENATE BILL NO. 343(RES) "An Act clarifying the term 'best technology' required for use in oil discharge prevention and contingency plans; affirming existing Department of Environmental Conservation regulations defining 'best technology' and oil discharge prevention and contingency plans approved using those regulations; and providing for an effective date." Chapter No. 9, SLA 2002 [Effective Date: See Chapter] This bill clarifies the legislative intent of AS 46.04.030(e) requiring the use of best available technology (BAT) in oil spill contingency plans. A recent Alaska Supreme Court decision identified ambiguity in the statute, requiring the clarification provided in this bill. Alaska has a proven success record in ensuring that oil spill contingency plans provide for the use of BAT. Senate Bill 343 confirms that the BAT requirement remains an important element of managing oil exploration, development, and transportation. In passing this bill, the Legislature upheld the efforts of the 1997 BAT task force, which developed the existing BAT regulations. Those regulations are thoughtful, effective, and responsibly apply the BAT requirement to our oil spill contingency plan program. The 1997 regulations represent a consensus of a cross-section of Alaska stakeholders, including representatives from the government, industry, regional citizens' advisory councils, and the conservation community. Significant technological advances have been made under the existing regulations, including the positioning of state-of- the-art tractor tugs to assist tankers in Prince William Sound; improved well-head source control techniques; more accurate gauging of oil storage tanks; improved leak detection technologies; and enhanced response communication systems. The current regulations as supported by this bill provide for an "evergreen" process to ensure that BAT requirements keep up with evolving technology. Critical to this process is a regulatorily-required conference on new technologies to be held every five years with formal findings published by the Department of Environmental 2002-04-18 House Journal Page 2995 Conservation. Industry, government, the regional citizens' advisory councils, and the environmental community have endorsed this conference, and I urge the Legislature to approve the FY 03 funding request now before it. Sincerely, /s/ Tony Knowles Governor" **The presence of Representatives Davies and Kott was noted. MESSAGES FROM THE SENATE HB 390 A message dated April 17, 2002, was read stating the Senate has passed: HOUSE BILL NO. 390 "An Act extending the termination dates of certain activities and salmon marketing programs of the Alaska Seafood Marketing Institute and of the salmon marketing tax; expanding the allowable use of that tax for the salmon marketing programs of the Alaska Seafood Marketing Institute; relating to the Alaska Seafood Marketing Institute's salmon marketing committee; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 390(RLS) "An Act delaying the repeal of the salmon marketing tax; expanding the allowable use of that tax for the salmon marketing programs of the Alaska Seafood Marketing Institute; relating to the Alaska Seafood Marketing Institute's salmon marketing committee; and providing for an effective date." (SCR 32 - title change resolution) HB 390 is under Unfinished Business. 2002-04-18 House Journal Page 2996 **The presence of Representative Kapsner was noted. A message dated April 17, 2002, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 32 SENATE CONCURRENT RESOLUTION NO. 32 by the Senate Rules Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 390, relating to the Alaska Seafood Marketing Institute and the salmon marketing tax. was read the first time and referred to the Rules Committee for placement on the calendar. FIRST READING AND REFERENCE OF SENATE BILLS SB 295 SENATE BILL NO. 295 by Senators Kelly, Halford, Leman, Cowdery, and Austerman, entitled: "An Act relating to the disclosure of information regarding delinquent minors to certain licensing agencies; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. SB 302 CS FOR SENATE BILL NO. 302(JUD) by the Senate Judiciary Committee, entitled: 2002-04-18 House Journal Page 2997 "An Act defining the term 'mental health professional' for the purpose of statutes relating to the evaluation of prisoners who may need psychological or psychiatric treatment, for the purpose of statutes relating to the evaluation of children in need of aid and delinquent minors who may need to be confined in a secure residential psychiatric treatment center or who should be released from such a center, for the purpose of statutes requiring certain professionals to report the possibility that a vulnerable adult has been abused or neglected, and for the purpose of statutes relating to mental health civil commitments." was read the first time and referred to the Health, Education & Social Services Committee. SB 340 CS FOR SENATE BILL NO. 340(FIN)(efd fld) by the Senate Finance Committee, entitled: "An Act relating to public notice of information relating to permanent fund dividends, and to treatment of permanent fund dividends for purposes of determining eligibility for certain benefits." was read the first time and referred to the State Affairs and Finance Committees. REPORTS OF STANDING COMMITTEES HJR 32 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 32 Encouraging the United States Board on Geographic Names to adopt place name changes proposed by the Alaska Historical Commission. The report was signed by Representative Scalzi, Co-chair, with the following individual recommendations: 2002-04-18 House Journal Page 2998 Do pass (5): Fate, Chenault, Kerttula, Kapsner, Scalzi The following fiscal note(s) apply: 1. Zero, House Community & Regional Affairs Committee HJR 32 was referred to the Rules Committee for placement on the calendar. HJR 47 The Rules Committee has considered: HOUSE JOINT RESOLUTION NO. 47 Urging the United States Environmental Protection Agency and the Alaska Department of Environmental Conservation to provide maximum possible flexibility in application of low sulfur diesel fuel requirements to Alaska. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 47(RLS) Urging the United States Environmental Protection Agency and the Alaska Department of Environmental Conservation to provide maximum possible flexibility in application of ultra low sulfur diesel fuel requirements to Alaska. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): McGuire, Kohring, Kott, Porter, Berkowitz The following fiscal note(s) apply to CSHJR 47(RLS): 2. Zero, House Rules Committee/All Depts. HJR 47 was returned to the Rules Committee for placement on the calendar. HB 304 The Rules Committee has considered: 2002-04-18 House Journal Page 2999 HOUSE BILL NO. 304 "An Act relating to disposition of income of the permanent fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 304(RLS) "An Act relating to the education fund and the infrastructure and economic development fund, to the market value of the permanent fund, to distribution of the income of the permanent fund, and to the determination of net income of the mental health trust fund." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kott, Porter Do not pass (2): Kohring, Berkowitz No recommendation (1): McGuire The following fiscal note(s) apply to CSHB 304(RLS): 2. Zero, Dept. of Revenue (This was previously identified as a fiscal- impact note on page 2719.) HB 304 was returned to the Rules Committee for placement on the calendar. HB 333 The Finance Committee has considered: HOUSE BILL NO. 333 "An Act extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." and recommends it be replaced with: 2002-04-18 House Journal Page 3000 CS FOR HOUSE BILL NO. 333(FIN) "An Act setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2006; and providing for an effective date." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (10): Bunde, Whitaker, Harris, Croft, Davies, Lancaster, Hudson, Foster, Mulder, Williams The following fiscal note(s) apply to CSHB 333(FIN): 1. Fiscal, Dept. of Community & Economic Development HB 333 was referred to the Rules Committee for placement on the calendar. HB 350 The Judiciary Committee has considered: HOUSE BILL NO. 350 "An Act relating to terroristic threatening." and recommends it be replaced with: CS FOR HOUSE BILL NO. 350(JUD) "An Act relating to murder, conspiracy, criminal mischief, and terroristic threatening; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): James No recommendation (3): Coghill, Meyer, Rokeberg Amend (1): Berkowitz 2002-04-18 House Journal Page 3001 The following fiscal note(s) apply to CSHB 350(JUD): 1. Zero, Alaska Court System 3. Indeterminate, Dept. of Law 4. Indeterminate, Dept. of Administration 5. Indeterminate, Dept. of Corrections HB 350 was referred to the Finance Committee. HB 460 The Labor and Commerce Committee has considered: HOUSE BILL NO. 460 "An Act relating to actions for monopolies and restraint of trade, including proof of damages; amending Rule 82, Alaska Rules of Civil Procedure; and providing for an effective date." The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (3): Crawford, Hayes, Murkowski No recommendation (3): Rokeberg, Meyer, Halcro The following fiscal note(s) apply: 1. Indeterminate, Dept. of Law HB 460 was referred to the Judiciary Committee. HB 505 The Labor and Commerce Committee has considered: HOUSE BILL NO. 505 "An Act defining the term 'mental health professional' for the purpose of statutes relating to the evaluation of prisoners who may need psychological or psychiatric treatment, for the purpose of statutes relating to the evaluation of children in need of aid and delinquent minors who may need to be confined in a secure residential psychiatric treatment center or who should be released 2002-04-18 House Journal Page 3002 from such a center, for the purpose of statutes requiring certain professionals to report the possibility that a vulnerable adult has been abused or neglected, and for the purpose of statutes relating to mental health civil commitments." and recommends it be replaced with: CS FOR HOUSE BILL NO. 505(L&C) (same title) The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (4): Rokeberg, Meyer, Crawford, Murkowski No recommendation (2): Hayes, Halcro The following fiscal note(s) apply to CSHB 505(L&C): 1. Zero, Dept. of Health & Social Services HB 505 was referred to the Health, Education and Social Services Committee. REPORTS OF SPECIAL COMMITTEES SB 291 The Conference Committee considering: HOUSE CS FOR CS FOR SENATE BILL NO. 291(FIN) am H "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." and CS FOR SENATE BILL NO. 291(RLS) (same title) 2002-04-18 House Journal Page 3003 requests limited powers of free conference on the following specific point(s): Section 9 The request was signed by Representatives Mulder, Williams, Croft; and Senators Donley (Chair), Wilken, Hoffman. The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. HB 326 The House Special Committee on Military and Veterans' Affairs has considered: HOUSE BILL NO. 326 "An Act relating to state plans and programs for the safety and security of facilities and systems in the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 326(MLV) "An Act relating to the security of certain state airports and to state security plans, programs, and procedures; exempting certain records and information from the category of public records; and providing for an effective date." The report was signed by Representative Chenault, Chair, with the following individual recommendations: Do pass (3): Green, Hayes, Cissna No recommendation (2): Kott, Chenault The following fiscal note(s) apply to CSHB 326(MLV): 1. Zero, Department of Transportation and Public Facilities 2002-04-18 House Journal Page 3004 HB 326 was referred to the State Affairs Committee HB 478 The House Special Committee on Education has considered: HOUSE BILL NO. 478 "An Act relating to the Alaska teacher recruitment loan assumption program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 478(EDU) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (5): Wilson, Porter, Stevens, Green, Bunde The following fiscal note(s) apply to CSHB 478(EDU): 1. Indeterminate, Dept. of Education & Early Development HB 478 was referred to the Health, Education and Social Services Committee. SB 291 The Conference Committee with limited powers of free conference considering HCS CSSB 291(FIN) am H and CSSB 291(RLS) recommends the following be adopted: CONFERENCE CS FOR SENATE BILL NO. 291 "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." The report was signed by Representatives Mulder, Williams, Croft; and Senators Donley (Chair), Wilken, Hoffman. 2002-04-18 House Journal Page 3005 Representative James moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS SB 291, and recommended that the members vote yes. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS SB 291 Adopt Conference Committee Report YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Hayes, Kookesh, Masek, Morgan, Mulder, Ogan Absent: Kohring And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 291 "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." 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. The Chief Clerk was instructed to so notify the Senate. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - 4-H Program 100th Anniversary By Representative Kerttula 2002-04-18 House Journal Page 3006 Honoring - Bartlett High School Boys State 4A Basketball Champions By Senators Leman, Phillips; Representative Crawford Honoring - Shiloh Missionary Baptist Church 50th Anniversary By Senator Davis In Memoriam - James "Qugpuk" Guy, Sr. By Representative Kapsner In Memoriam - William "Bill" Thompson By Representatives Lancaster, Chenault INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 522 HOUSE BILL NO. 522 by the House Health, Education & Social Services Committee, entitled: "An Act relating to medical services under the state Medicaid program." was read the first time and referred to the Health, Education & Social Services, Judiciary, and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 27 The following was read the second time: HOUSE BILL NO. 27 "An Act relating to the licensure and registration of individuals who perform home inspections; relating to home inspection requirements for residential loans purchased or approved by the Alaska Housing Finance Corporation; relating to civil actions by and against home inspectors; and providing for an effective date." 2002-04-18 House Journal Page 3007 with the: Journal Page L&C RPT CS(L&C) 4DP 3NR 311 FN1: ZERO(REV) 311 FN2: (CED) 311 JUD RPT CS(JUD) 2DP 3NR 457 FN3: ZERO(REV) 457 FN4: (CED) 457 FIN RPT CS(FIN) NT 4DP 3NR 2734 FN5: ZERO(REV) 2735 FN6: (CED) 2735 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. 27(FIN) "An Act relating to the registration of individuals who perform home inspections; relating to regulation of contractors; relating to registration fees for specialty contractors, home inspectors, and associate home inspectors; relating to home inspection requirements for residential loans purchased or approved by the Alaska Housing Finance Corporation; relating to civil actions by and against home inspectors and to civil actions arising from residential unit inspections; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 10, line 5: Delete "not" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2002-04-18 House Journal Page 3008 CSHB 27(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 21 EXCUSED: 6 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro, Joule, Kapsner, Kerttula, Moses Nays: Bunde, Chenault, Coghill, Fate, Foster, Green, Harris, Hudson, James, Kott, Lancaster, McGuire, Meyer, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Hayes, Kookesh, Masek, Morgan, Mulder, Ogan Absent: Kohring And so, Amendment No. 1 was not adopted. Representative James moved and asked unanimous consent that CSHB 27(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 27(FIN) was read the third time. The question being: "Shall CSHB 27(FIN) pass the House?" The roll was taken with the following result: CSHB 27(FIN) Third Reading Final Passage YEAS: 31 NAYS: 3 EXCUSED: 6 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Coghill, Dyson, Kohring Excused: Hayes, Kookesh, Masek, Morgan, Mulder, Ogan And so, CSHB 27(FIN) passed the House. 2002-04-18 House Journal Page 3009 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 27(FIN) was referred to the Chief Clerk for engrossment. HB 300 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: HOUSE BILL NO. 300 "An Act relating to the procurement of certain travel services." HB 319 The following was read the second time: HOUSE BILL NO. 319 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 1DP 6NR 2542 FN1: ZERO(CRT) 2542 JUD RPT CS(JUD) NT 3DP 1DNP 2NR 2943 FN1: ZERO(CRT) 2944 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. 319(JUD) "An Act relating to civil liability for commercial recreational activities and for guest passengers on an aircraft or watercraft; and providing for an effective date." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 319(JUD) be considered engrossed, advanced to third reading, and placed on final passage. 2002-04-18 House Journal Page 3010 Representative Berkowitz objected. The Speaker stated that CSHB 319(JUD) will be in third reading on tomorrow's calendar. HB 408 The following was read the second time: HOUSE BILL NO. 408 "An Act relating to questionnaires and surveys administered in the public schools." with the: Journal Page EDU RPT 6DP 2338 FN1: ZERO(EED) 2338 HES RPT CS(HES) 4DP 3DNP 2881 FN1: ZERO(EED) 2882 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. 408(HES) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 408(HES) be considered engrossed, advanced to third reading, and placed on final passage. Representative Dyson objected. The Speaker stated that CSHB 408(HES) will be in third reading on tomorrow's calendar. HB 458 The following was read the second time: 2002-04-18 House Journal Page 3011 HOUSE BILL NO. 458 "An Act relating to periods of probation for state employees; and providing for an effective date." with the: Journal Page STA RPT 7DP 2945 FN1: ZERO(ADM/ALL DEPTS) 2946 Representative James moved and asked unanimous consent that HB 458 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 458 was read the third time. The question being: "Shall HB 458 pass the House?" The roll was taken with the following result: HB 458 Third Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 6 ABSENT: 3 Yeas: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Excused: Hayes, Kookesh, Masek, Morgan, Mulder, Ogan Absent: Chenault, Kapsner, Williams And so, HB 458 passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 458 was referred to the Chief Clerk for engrossment. HB 508 The following was read the second time: 2002-04-18 House Journal Page 3012 HOUSE BILL NO. 508 "An Act relating to publication of results of testing for paralytic shellfish poisoning by the Department of Environmental Conservation and to participation of the Department of Environmental Conservation in the development of operating plans of qualified regional dive fishery associations." with the: Journal Page RES RPT 7DP 2682 FN1: ZERO(DEC) 2682 RLS RPT CS(RLS) NT 3DP 2NR 2946 FN1: ZERO(DEC) 2947 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. 508(RLS) "An Act relating to results of testing for paralytic shellfish poisoning and to participation of the Department of Environmental Conservation in the development of operating plans of qualified regional dive fishery development associations." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 508(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 508(RLS) was read the third time. The question being: "Shall CSHB 508(RLS) pass the House?" The roll was taken with the following result: CSHB 508(RLS) Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 6 ABSENT: 2 2002-04-18 House Journal Page 3013 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Hayes, Kookesh, Masek, Morgan, Mulder, Ogan Absent: Crawford, Halcro And so, CSHB 508(RLS) passed the House and was referred to the Chief Clerk for engrossment. HB 509 The following was read the second time: HOUSE BILL NO. 509 "An Act relating to Alaska children's trust registration plates; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 5DP 2813 FN1: (ADM) 2814 FIN RPT CS(STA) 8DP 2947 FN2: (ADM) 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. 509(STA) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 509(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 509(STA) was read the third time. 2002-04-18 House Journal Page 3014 The question being: "Shall CSHB 509(STA) pass the House?" The roll was taken with the following result: CSHB 509(STA) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Moses, Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Hayes, Kookesh, Masek, Morgan, Mulder, Ogan Absent: Rokeberg And so, CSHB 509(STA) 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 509(STA) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 504 The following, which was advanced to third reading from the April 17, 2002, calendar (page 2975), was read the third time: CS FOR HOUSE BILL NO. 504(FIN) am "An Act relating to the wages of people working in the fisheries business." The question being: "Shall CSHB 504(FIN) am pass the House?" The roll was taken with the following result: 2002-04-18 House Journal Page 3015 CSHB 504(FIN) am Third Reading Final Passage YEAS: 21 NAYS: 13 EXCUSED: 6 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Dyson, Foster, Halcro, Hudson, James, Joule, Kapsner, Kohring, Kott, McGuire, Meyer, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Fate, Green, Guess, Harris, Kerttula, Lancaster, Moses, Whitaker Excused: Hayes, Kookesh, Masek, Morgan, Mulder, Ogan And so, CSHB 504(FIN) am passed the House. Representative Berkowitz gave notice of reconsideration of the vote on CSHB 504(FIN) am. Representative James, who had been previously excused (page 2935), left the Chamber. SECOND READING OF SENATE RESOLUTIONS SJR 31 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 31(STA) Urging the United States Congress to permit the use of tax exempt bonds to fund loans for veterans who served after 1976. with the: Journal Page MLV RPT 6DP 2546 FN1: ZERO(S.STA) 2546 STA RPT 6DP 2882 FN1: ZERO(S.STA) 2882 2002-04-18 House Journal Page 3016 Representative Foster, Acting Majority Leader, moved and asked unanimous consent that CSSJR 31(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSJR 31(STA) was read the third time. The question being: "Shall CSSJR 31(STA) pass the House?" The roll was taken with the following result: CSSJR 31(STA) Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 7 ABSENT: 3 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Hayes, James, Kookesh, Masek, Morgan, Mulder, Ogan Absent: Davies, Guess, Moses And so, CSSJR 31(STA) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. LEGISLATIVE CITATIONS Representative Foster moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Lee Egland By Representatives Bunde, Porter, Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2002-04-18 House Journal Page 3017 Honoring - Prince William Sound Community College, 10th Anniversary, Last Frontier Theatre Conference By Representatives Harris, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Whitaker, Williams, Wilson Honoring - The 2001 State Swimming and Diving Champions, The Dimond High Lynx By Representatives McGuire, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Ping Tung Chang, 2001 Professor of the Year By Representatives Kohring, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Captain Warren R. Thompson By Representatives Joule, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson; Senator Olson Honoring - Mr. Charlie Curtis, 2002 NANA Shareholder of the Year By Representatives Joule, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson; Senator Olson 2002-04-18 House Journal Page 3018 Honoring - John and Judy Stenford By Senator Taylor; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson In Memoriam - Violet Vera McDaniel By Representatives Harris, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Lincoln In Memoriam - William Adair Jardel Sr. By Senators Halford, Phillips; Representatives Dyson, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Robert Louis Jernberg, February 22, 1907 - April 4, 2002 By Senator Taylor; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson SECOND READING OF HOUSE BILLS (continued) HB 300 The Speaker stated that, without objection, the following, which had been moved to the bottom of the calendar (page 3009), will be held to tomorrow's calendar: HOUSE BILL NO. 300 "An Act relating to the procurement of certain travel services." 2002-04-18 House Journal Page 3019 UNFINISHED BUSINESS Representative Foster moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Cissna - from 12:20 p.m. to 2:00 p.m., April 23, 2002 HB 460 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 460 "An Act relating to actions for monopolies and restraint of trade, including proof of damages; amending Rule 82, Alaska Rules of Civil Procedure; and providing for an effective date." HB 460 is in the Judiciary Committee. HB 300 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 300 "An Act relating to the procurement of certain travel services." SJR 31 Representatives McGuire, Rokeberg, Harris, Lancaster, Cissna, Murkowski, and Bunde added their names as cross sponsors to: CS FOR SENATE JOINT RESOLUTION NO. 31(STA) Urging the United States Congress to permit the use of tax exempt bonds to fund loans for veterans who served after 1976. ENGROSSMENT HB 27 CSHB 27(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-04-18 House Journal Page 3020 HB 458 HB 458 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 474 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 474(CRA) am "An Act relating to public rights-of-way and easements for surface transportation affecting the Anchorage Coastal Wildlife Refuge." HB 508 CSHB 508(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 509 CSHB 509(STA) 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. Majority Caucus Speaker's Chamber upon adj., 4/18 The following meeting today has been changed as indicated: Transportation Committee CANCELED: 1:00 p.m., 4/18 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 19, 2002. There being no objection, the House adjourned at 12:25 p.m. Suzi Lowell Chief Clerk