Legislature(2001 - 2002)

2002-04-22 House Journal

Full Journal pdf

2002-04-22                     House Journal                      Page 3057
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                   Monday                  April 22, 2002                           
                                                                                                    
                            Ninety-ninth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 11:05 a.m.                                                                                
                                                                                                    
Roll call showed 37 members present.  Representatives Bunde and                                     
Ogan had been previously excused from a call of the House today.                                    
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Hayes' previous excuse (page 2935) be extended until                                 
1:00 p.m., plane time, today.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
The invocation was offered by the Reverend Michael Nash of the                                      
Cathedral of the Nativity.  Representative Hudson moved and asked                                   
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it appears below:                                                               
                                                                                                    
    Let us pray,                                                                                    
                                                                                                    
    Blessed are You, Lord God, Creator of the universe.  We                                         
    praise You for the rain and sun that bring in the new growth                                    
    after the long winter.  Let this beautiful spring day be the                                    
    harbinger of a new flowering of justice and hope for Your                                       
    people.                                                                                         
                                                                                                    
    Today, we pray for the members of the Alaska House of                                           
    Representatives.  Reward them for the diligent work they do                                     
    in, what at times must seem, a thankless job.  Build within this                                
    Chamber a spirit of cooperation aimed at finding the best                                       
    solutions for the problems faced by the people of this Great                                    
    Land.                                                                                           
                                                                                                    

2002-04-22                     House Journal                      Page 3058
      Help them to find a just and equitable way to distribute the                                 
        scarce resources of this state among the many legitimate                                   
    needs of the people of Alaska.  We pray You gracious God.                                       
                                                                                                    
                                                                                                    
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 96th, 97th, and 98th legislative days be approved as                                
certified by the Assistant Chief Clerk.  There being no objection, it                               
was so ordered.                                                                                     
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Murkowski introduced, Lily George, Guest Page, from                                  
Anchorage.                                                                                          
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated April 19, 2002, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 215                                                                                            
CS FOR SENATE BILL NO. 215(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to licensing common carriers to dispense                                       
    alcoholic beverages; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    

2002-04-22                     House Journal                      Page 3059
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 180                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 180                                                                              
    "An Act requiring child services providers to obtain criminal                                   
    background checks for child services workers."                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 180(HES)                                                                  
    "An Act relating to persons who provide services related to                                     
    children; establishing a legislative task force on child services; and                          
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Wilson, Cissna, Stevens, Dyson                                                        
                                                                                                    
No recommendation (3):  Coghill, Kohring, Joule                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 180(HES):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 180 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 302                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 302                                                                              
    "An Act establishing the Alaska Gas Corporation, a public                                       
    corporation, and providing for its structure, management,                                       
    responsibilities, and operation, and requiring the development of a                             
    project plan to evaluate whether construction and operation of a                                
    natural gas transmission pipeline project by the corporation is                                 
    feasible."                                                                                      
                                                                                                    

2002-04-22                     House Journal                      Page 3060
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 302(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Whitaker, Harris, Lancaster, Foster, Williams                                         
                                                                                                    
No recommendation (1):  Moses                                                                       
                                                                                                    
Amend (3):  Bunde, Croft, Davies                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 302(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 302 is on today's calendar.                                                                      
                                                                                                    
HB 382                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 382                                                                              
    "An Act relating to the evaluation and cleanup of sites where                                   
    certain controlled substances may have been manufactured or                                     
    stored."                                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 382(FIN)                                                                  
    "An Act relating to the evaluation and cleanup of sites where                                   
    certain controlled substances may have been manufactured or                                     
    stored; and providing for an effective date."                                                   
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Bunde, Harris, Lancaster, Foster, Croft, Williams                                     
                                                                                                    

2002-04-22                     House Journal                      Page 3061
The following fiscal note(s) apply to CSHB 382(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
2.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
HB 382 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 472                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 472                                                                              
    "An Act relating to persons who buy and sell secondhand articles                                
     and to certain persons who lend money on secondhand articles."                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 472(JUD)                                                                  
    "An Act relating to certain persons who buy and sell secondhand                                 
    articles and to certain persons who lend money on secondhand                                    
    articles."                                                                                      
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Meyer                                                                                 
                                                                                                    
No recommendation (5):  Berkowitz, Coghill, James, Kookesh,                                         
Rokeberg                                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 472(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 472 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    

2002-04-22                     House Journal                      Page 3062
HB 498                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 498                                                                              
    "An Act expressing legislative intent regarding privately operated                              
    correctional facility space and services; relating to the                                       
    development and financing of privately operated correctional                                    
    facility space and services; authorizing the Department of                                      
    Corrections to enter into an agreement for the confinement and                                  
    care of prisoners in privately operated correctional facility space;                            
    and providing for an effective date."                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 498(FIN)                                                                  
    "An Act expressing legislative intent regarding privately operated                              
    correctional facility space and services; relating to the                                       
    development and financing of privately operated correctional                                    
    facility space and services; authorizing the Department of                                      
    Corrections to enter into an agreement for the confinement and                                  
    care of prisoners in privately operated correctional facility space                             
    in the City of Whittier; giving notice of and approving the entry                               
    into and the issuance of certificates of participation for the                                  
    upgrade, expansion, and replacement of a certain correctional                                   
    facility in the City of Bethel; giving notice of and approving the                              
    entry into lease-financing agreements for that project; and                                     
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Mulder, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Bunde, Harris, Foster, Mulder                                                         
                                                                                                    
No recommendation (3):  Whitaker, Lancaster, Hudson                                                 
                                                                                                    
Amend (1):  Davies                                                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 498(FIN):                                                
                                                                                                    
3.  Fiscal, Dept. of Corrections                                                                    

2002-04-22                     House Journal                      Page 3063
4.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 498 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 499                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 499                                                                              
    "An Act relating to the sale, lease, exchange, or other disposition                             
    of business property and assets."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 499(JUD)                                                                  
    "An Act declaring legislative intent to reject the continuity of                                
    enterprise exception to the doctrine of successor liability adopted                             
    in Savage Arms, Inc. v. Western Auto Supply, 18 P.3d 49 (Alaska                                 
    2001) as it relates to products liability; providing that a successor                           
    corporation or other business entity that acquires assets of a                                  
    predecessor corporation or other business entity is subject to                                  
    liability for harm to persons or property caused by a defective                                 
    product sold or otherwise distributed commercially by the                                       
    predecessor only if the acquisition is accompanied by an                                        
    agreement for the successor to assume the liability, results from a                             
    fraudulent conveyance to escape liability for the debts or liabilities                          
    of the predecessor, constitutes a consolidation or merger with the                              
    predecessor, or results in the successor's becoming a continuation                              
    of the predecessor; defining 'business entity' that acquires assets to                          
    include a sole proprietorship; and applying this Act to the sale,                               
    lease, exchange, or other disposition of assets by a corporation, a                             
    limited liability company, a partnership, a limited liability                                   
    partnership, a limited partnership, a sole proprietorship, or other                             
    business entity that occurs before, on, or after the effective date of                          
    this Act."                                                                                      
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    

2002-04-22                     House Journal                      Page 3064
Do pass (2):  Meyer, Rokeberg                                                                       
                                                                                                    
No recommendation (4):  Berkowitz, Coghill, James, Kookesh                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 499(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 499 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 220                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    CS FOR SENATE BILL NO. 220(L&C)                                                                 
    "An Act relating to the scope of practice authorized under a                                    
    license to practice hairdressing."                                                              
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Kott, Halcro, Murkowski                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSB 220(L&C) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 519                                                                                            
The House Special Committee on Oil & Gas has considered:                                            
                                                                                                    
    HOUSE BILL NO. 519                                                                              
    "An Act authorizing priority treatment under the Right-of-Way                                   
    Leasing Act for an Alaska North Slope natural gas project;                                      

2002-04-22                     House Journal                      Page 3065
    expanding the scope for the kinds of gas development projects that                              
    may become qualified projects under the Alaska Stranded Gas                                     
    Development Act; extending the deadline for submitting                                          
    applications under the Alaska Stranded Gas Development Act;                                     
    exempting an Alaska North Slope natural gas project from state                                  
    property tax and all municipal taxes during construction; and                                   
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 519(O&G)                                                                  
    "An Act authorizing priority treatment under the Right-of-Way                                   
    Leasing Act for an Alaska North Slope natural gas project;                                      
    expanding the scope for the kinds of gas development projects that                              
    may become qualified projects under the Alaska Stranded Gas                                     
    Development Act to natural gas projects, including an Alaska                                    
    North Slope natural gas pipeline and any spurs; extending the                                   
    deadline for submitting applications under the Alaska Stranded                                  
    Gas Development Act; exempting an Alaska North Slope natural                                    
    gas project from state property tax and all municipal taxes during                              
    construction; and providing for an effective date."                                             
                                                                                                    
The report was signed by Representative Fate, Vice Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Chenault, Dyson, Kohring, Fate                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 519(O&G):                                                
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 519 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    

2002-04-22                     House Journal                      Page 3066
Commemorating - Law Enforcement Memorial Day, May 10, 2002                                          
By Representative Porter                                                                            
                                                                                                    
Honoring - Chief David Salmon                                                                       
By Representative Morgan                                                                            
                                                                                                    
Honoring - Carrie Sessarego                                                                         
By Representative Kapsner                                                                           
                                                                                                    
Honoring - Chugiak Volunteer Fire Department, 50th Anniversary                                      
By Senators Halford, Phillips; Representatives Dyson, Kohring                                       
                                                                                                    
In Memoriam - Joan Lingo Moore                                                                      
By Representative Berkowitz                                                                         
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HJR 50                                                                                            
HOUSE JOINT RESOLUTION NO. 50 by the House Rules                                                    
Committee by request of the House Special Committee on Economic                                     
Development, Trade, & Tourism:                                                                      
                                                                                                    
    Supporting the participation of Taiwan in the annual summit of                                  
    the World Health Assembly.                                                                      
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services Committee.                                                                                 
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 182                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 182                                                                              
    "An Act relating to motor vehicles; and providing for an effective                              
    date."                                                                                          

2002-04-22                     House Journal                      Page 3067
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 6DP 1NR                                        2636                             
 FN1: (LAW)                                                        2637                             
 FIN RPT CS(FIN) NT 4DP 3NR 3AM                                    2880                             
 FN1: (LAW)                                                        2880                             
 FN2: ZERO(ADM)                                                    2880                             
                                                                                                    
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. 182(FIN)                                                                  
    "An Act relating to certain vehicles, including motorcycles and                                 
    trailers; relating to the registration, bonding, and other regulation                           
    of motor vehicle dealers; relating to the registration and other                                
    regulation of certain motor vehicle buyers' agents; relating to acts                            
    and transactions involving vehicles, including trailers, and to the                             
    acts and practices of certain persons and entities involved in                                  
    vehicle transactions, including trailer transactions; amending Rule                             
    3, Alaska Rules of Civil Procedure; and providing for an effective                              
    date."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Murkowski:                                            
                                                                                                    
Page 18, following line 15:                                                                         
 Insert new material to read:                                                                       
     "Sec. 45.25.465.  Sales of used motor vehicles.  (a)  Before                                 
    the sale of a used motor vehicle, a motor vehicle dealer shall,                                
      (1)  when obtaining a used motor vehicle from an                                              
    individual consumer, make a reasonable inquiry of the seller into                               
    the condition of the vehicle, including the accident and repair                                 
    history of the vehicle; the information shall be recorded in writing                            
    and verified by the seller; the dealer shall provide this information                           
    to a prospective purchaser of the vehicle;                                                      
      (2)  when a motor vehicle dealer obtains a used motor                                         
    vehicle from another motor vehicle dealer, a wholesaler, or an                                  
    auction, disclose to a prospective purchaser of the vehicle that the                            
    vehicle was purchased from another dealer, a wholesaler, or an                                  
    auction.                                                                                        

2002-04-22                     House Journal                      Page 3068
     (b)  Nothing in this section creates an express warranty by the                                
    dealer."                                                                                        
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Croft objected and withdrew the objection.  There                                    
being no further objection, Amendment No. 1 was adopted.                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Halcro:                                               
                                                                                                    
Page 24, line 8, following "used motor vehicles":                                                   
     Insert ", and original equipment automotive parts distributors,                                
    who are authorized by the original equipment automotive                                         
    manufacturer to sell original equipment automotive parts to the                                 
    original equipment automotive dealer"                                                           
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Halcro moved and asked unanimous consent to                                          
withdraw Amendment No. 2.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 3 (title amendment) was offered by Representative                                     
Halcro:                                                                                             
                                                                                                    
Page 1, line 6, following "transactions;":                                                        
 Insert "relating to consumer protection for used vehicle                                         
buyers;"                                                                                          
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 3 be adopted.  There being no objection, it was so                                    
ordered and the new title follows:                                                                  
                                                                                                    
    CS FOR HOUSE BILL NO. 182(FIN) am                                                               
    "An Act relating to certain vehicles, including motorcycles and                                 
    trailers; relating to the registration, bonding, and other regulation                           

2002-04-22                     House Journal                      Page 3069
    of motor vehicle dealers; relating to the registration and other                                
    regulation of certain motor vehicle buyers' agents; relating to acts                            
    and transactions involving vehicles, including trailers, and to the                             
    acts and practices of certain persons and entities involved in                                  
    vehicle transactions, including trailer transactions; relating to                               
    consumer protection for used vehicle buyers; amending Rule 3,                                   
    Alaska Rules of Civil Procedure; and providing for an effective                                 
    date."                                                                                          
                                                                                                    
Amendment No. 4 was offered  by Representative Dyson:                                                
                                                                                                    
Page 4, line 19, following "new or":                                                                
 Insert "10"                                                                                        
                                                                                                    
Representative Dyson moved and asked unanimous consent that                                         
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
Representative Dyson declared a conflict of interest.                                               
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 182(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  22   NAYS:  7   EXCUSED:  3   ABSENT:  8                                                   
                                                                                                    
Yeas:  Cissna, Coghill, Crawford, Dyson, Fate, Foster, Green, Harris,                               
James, Joule, Kohring, Lancaster, McGuire, Meyer, Moses,                                            
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson                                      
                                                                                                    
Nays:  Croft, Davies, Guess, Halcro, Hudson, Kerttula, Kookesh                                      
                                                                                                    
Excused:  Bunde, Hayes, Ogan                                                                        
                                                                                                    
Absent:  Berkowitz, Chenault, Kapsner, Kott, Masek, Morgan,                                         
Mulder, Williams                                                                                    
                                                                                                    
And so, Amendment No. 4 was adopted.                                                                
                                                                                                    

2002-04-22                     House Journal                      Page 3070
Representative James moved and asked unanimous consent that CSHB
182(FIN) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 182(FIN) am was read the third time.                                                           
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 182(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 182(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  2   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                               
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James,                                   
Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                 
Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Kohring, Masek                                                                               
                                                                                                    
Excused:  Bunde, Hayes, Ogan                                                                        
                                                                                                    
And so, CSHB 182(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                             
court rule change(s).  There being no objection, it was so ordered.                                 
                                                                                                    
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.                                
                                                                                                    
Representative Guess gave notice of reconsideration of the vote on                                  
CSHB 182(FIN) am.                                                                                   
                                                                                                    
                                                                                                    
HB 302                                                                                            
The following was read the second time:                                                             
                                                                                                    

2002-04-22                     House Journal                      Page 3071
    HOUSE BILL NO. 302                                                                              
    "An Act establishing the Alaska Gas Corporation, a public                                       
    corporation, and providing for its structure, management,                                       
    responsibilities, and operation, and requiring the development of a                             
    project plan to evaluate whether construction and operation of a                                
    natural gas transmission pipeline project by the corporation is                                 
    feasible."                                                                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 O&G RPT 1DP 1DNP 2NR                                              2833                             
 FN1: ZERO(REV)                                                    2834                             
 RES RPT 6DP 2NR                                                   2943                             
 FN1: ZERO(REV)                                                    2943                             
 FIN RPT CS(FIN) 5DP 1NR 3AM                                       3059                             
 FN1: ZERO(REV)                                                    3060                             
                                                                                                    
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. 302(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
302(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 302(FIN) was read the third time.                                                              
                                                                                                    
                                                                                                    
Representative Meyer moved and asked unanimous consent that he be                                   
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Meyer was required to vote.                                           
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 302(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           

2002-04-22                     House Journal                      Page 3072
                                                                                                    
CSHB 302(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  2   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson,                                 
Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule,                                   
Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg,                                          
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Nays:  Coghill, Kohring                                                                             
                                                                                                    
Excused:  Bunde, Hayes, Ogan                                                                        
                                                                                                    
And so, CSHB 302(FIN) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
HB 317                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                 
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT CS(JUD) NT 5DP 1NR                                        2845                             
 FN1: ZERO(LAW)                                                    2846                             
 FN2: INDETERMINATE(COR)                                           2846                             
 FN3: INDETERMINATE(ADM)                                           2846                             
 FN4: (DPS)                                                        2846                             
 FIN RPT CS(FIN) NT 7DP                                            2968                             
 FN1: ZERO(LAW)                                                    2968                             
 FN2: INDETERMINATE(COR)                                           2968                             
 FN3: INDETERMINATE(ADM)                                           2968                             
 FN5: ZERO(DPS)                                                    2968                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2002-04-22                     House Journal                      Page 3073
    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."                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
317(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 317(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 317(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 317(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                               
Dyson, Fate, Foster, Green, Guess, Halcro, Hudson, James, Joule,                                    
Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                        
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Bunde, Hayes, Ogan                                                                        
                                                                                                    
Absent:  Harris                                                                                     
                                                                                                    
And so, CSHB 317(FIN) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
court rule change(s).  There being no objection, it was so ordered.                                 
                                                                                                    
CSHB 317(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
HB 333                                                                                            
The following was read the second time:                                                             

2002-04-22                     House Journal                      Page 3074
    HOUSE BILL NO. 333                                                                              
    "An Act extending the termination date of the Regulatory                                        
    Commission of Alaska; and providing for an effective date."                                     
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 1DP 4NR                                                   2401                             
 LETTER OF INTENT WITH L&C REPORT                                  2401                             
 FN1: (CED)                                                        2401                             
 FIN RPT CS(FIN) NT 10DP                                           2999                             
 FN1: (CED)                                                        3000                             
                                                                                                    
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. 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."                                                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
333(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
CSHB 333(FIN) was read the third time.                                                              
                                                                                                    
                                                                                                    
Representative Guess moved and asked unanimous consent that she be                                  
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Guess was required to vote.                                           
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 333(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           

2002-04-22                     House Journal                      Page 3075
                                                                                                    
CSHB 333(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  1   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                               
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James,                                   
Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer,                                   
Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Bunde, Hayes, Ogan                                                                        
                                                                                                    
Absent:  Kookesh                                                                                    
                                                                                                    
And so, CSHB 333(FIN) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 333(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
HB 352                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 352                                                                              
    "An Act extending the dates for assignment of performance                                       
    designations of public schools and the dates for reports and                                    
    monitoring based on those designations; and providing for an                                    
    effective date."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 EDU RPT 4DP 3NR                                                   2230                             
 FN1: ZERO(EED)                                                    2230                             
 HES RPT CS(HES) 4DP 2AM                                           2517                             
 FN1: ZERO(EED)                                                    2518                             
                                                                                                    

2002-04-22                     House Journal                      Page 3076
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. 352(HES)                                                                 
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Stevens:                                              
                                                                                                    
Page 2, line 5:                                                                                     
 Delete "2003"                                                                                  
 Insert "2004"                                                                                  
                                                                                                    
Page 2, line 12:                                                                                    
 Delete "2004"                                                                                  
 Insert "2005"                                                                                  
                                                                                                    
Representative Stevens 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:                                                                
                                                                                                    
CSHB 352(HES)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  31   NAYS:  6   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Fate,                                  
Foster, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner,                                       
Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                      
Wilson                                                                                              
                                                                                                    
Nays:  Coghill, Dyson, Green, Kohring, Mulder, Williams                                             
                                                                                                    
Excused:  Bunde, Hayes, Ogan                                                                        
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                

2002-04-22                     House Journal                      Page 3077
Representative James moved and asked unanimous consent that CSHB
352(HES) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 352(HES) am was read the third time.                                                           
                                                                                                    
Representative Crawford placed a call of the House.                                                 
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall CSHB 352(HES) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 352(HES) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                               
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                 
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Bunde, Hayes, Ogan                                                                        
                                                                                                    
And so, CSHB 352(HES) 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 352(HES) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    

2002-04-22                     House Journal                      Page 3078
Honoring - Harold S. Newcomb, 50 Years of Service to Wasilla                                        
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, Masek, McGuire, Meyer, Murkowski, Ogan, Rokeberg,                                        
Stevens, Williams, Wilson                                                                           
                                                                                                    
Honoring - Jenny Dawson                                                                             
By Representatives Green, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes,                               
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
Masek, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens,                                          
Williams, Wilson                                                                                    
                                                                                                    
Honoring - Alaska Air National Guard Golden Anniversary                                             
By Representatives Chenault, Masek, Murkowski, Kott, Green,                                         
Cissna, Hayes, Porter, Berkowitz, Bunde, Coghill, Crawford, Croft,                                  
Davies, Dyson, Fate, Guess, Halcro, Harris, Hudson, James, Joule,                                   
Kapsner, Kerttula, Kohring, Lancaster, McGuire, Meyer, Morgan,                                      
Ogan, Rokeberg, Stevens, Williams, Wilson                                                           
                                                                                                    
In Memoriam - The Reverend James F. Kelley                                                          
By Senators Halford, Hoffman; Representatives Kapsner, Porter,                                      
Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James,                                 
Joule, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                   
Morgan, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 317                                                                                            
Representatives Murkowski and Croft added their names as                                            
cosponsors to:                                                                                      
                                                                                                    
    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."                                                    
                                                                                                    

2002-04-22                     House Journal                      Page 3079
HB 489                                                                                            
Representative Meyer added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 489                                                                              
    "An Act relating to cruelty to animals."                                                        
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 302                                                                                            
CSHB 302 (FIN) was engrossed, signed by the Speaker and Acting                                      
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
HB 317                                                                                            
CSHB 317(FIN) was engrossed, signed by the Speaker and Acting                                       
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
HB 319                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Acting Chief Clerk                                
and transmitted to the Senate for consideration:                                                    
                                                                                                    
    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."                                                               
                                                                                                    
HB 333                                                                                            
CSHB 333(FIN) was engrossed, signed by the Speaker and Acting                                       
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
HB 352                                                                                            
CSHB 352 (HES) am was engrossed, signed by the Speaker and                                          
Acting Chief Clerk and transmitted to the Senate for consideration.                                 
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus          Speaker's Chamber               5:00 p.m., 4/22                            

2002-04-22                     House Journal                      Page 3080
The following meetings today have been changed as indicated:                                        
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                              1:30 p.m., 4/22                            
                                                                                                    
Resources Committee                                                                                 
CHANGED TO:                                              1:45 p.m., 4/22                            
                                                                                                    
Finance Committee                                                                                   
CHANGED TO:                                              2:00 p.m., 4/22                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., April 23, 2002.  There being no                                     
objection, the House adjourned at 1:16 p.m.                                                         
                                                                                                    
                                            Solyra Sepulveda                                        
                                            Assistant Chief Clerk