Legislature(2001 - 2002)

2002-04-25 House Journal

Full Journal pdf

2002-04-25                     House Journal                      Page 3121
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                  Thursday                 April 25, 2002                           
                                                                                                    
                         One Hundred Second Day                                                
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment and in the absence of Speaker Porter,                                       
Representative James assumed the Chair as Speaker Pro Tempore                                       
under Rule 4 of the Uniform Rules and called the House to order at                                  
10:07 a.m.                                                                                          
                                                                                                    
Roll call showed 31 members present.  Representative Ogan had been                                  
previously excused from a call of the House today.  Representatives                                 
Porter and Guess were excused from a call of the House today because                                
of illness.  Representatives Croft, Kerttula, Kott, Masek, Mulder, and                              
Rokeberg were absent and their presence was noted later.                                            
                                                                                                    
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 was so ordered.                                                              
                                                                                                    
    Let us pray,                                                                                    
                                                                                                    
    Creator God, we praise You and thank You for the precious                                       
    gifts of freedom and self-determination.  We in Alaska have                                     
    bound ourselves in a political community and will travel into                                   
    the future together.  Here in these Chambers of the Alaska                                      
    House of Representatives may the hopes and dreams of each                                       
    Alaskan, from the greatest to the least, be valued and                                          
    cherished.  In the ancient and honorable tradition of politics,                                 
    let the advancement of the common good be the paramount                                         
    goal of each member of this body.  Reward them for the                                          
    diligent work they do in, what at times must seem, a thankless                                  
    job.  We pray You, gracious God.  Amen.                                                         
                                                                                                    

2002-04-25                     House Journal                      Page 3122
The Pledge of Allegiance was led by Representative Coghill.                                         
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Foster, Acting Majority Leader, moved and asked                                      
unanimous consent that the journal for the 101st legislative day be                                 
approved as certified by the Assistant Chief Clerk.  There being no                                 
objection, it was so ordered.                                                                       
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Hudson introduced his granddaughter, Kayla Wilke,                                    
Guest Page, from Juneau.                                                                            
                                                                                                    
Representative McGuire introduced Christian Aycock, Guest Page,                                     
from Juneau.                                                                                        
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
Messages dated April 24, 2002, were read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SCR 30                                                                                            
CS FOR SENATE CONCURRENT RESOLUTION NO. 30(RES) by                                                  
the Senate Resources Committee:                                                                     
                                                                                                    
    Relating to Alaska Salmon Day.                                                                  
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 4                                                                                              
CS FOR SENATE BILL NO. 4(RLS) am by the Senate Rules                                                
Committee, entitled:                                                                                
                                                                                                    

2002-04-25                     House Journal                      Page 3123
    "An Act relating to optional exemptions from municipal property                                 
    taxes on residential property and limiting an optional exclusion or                             
    exemption to the assessed value of $10,000 for a residence in a                                 
    municipality with a total bonded indebtedness that equals or                                    
    exceeds $15,000 multiplied by the number of residents in the                                    
    municipality; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
SB 185                                                                                            
CS FOR SENATE BILL NO. 185(FIN) am by the Senate Finance                                            
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to the basis for determining eligibility for and the                           
    amount of power cost equalization payments; and providing for an                                
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
SB 278                                                                                            
CS FOR SENATE BILL NO. 278(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act requiring a good faith effort to purchase property before                               
    that property is taken through eminent domain; and providing for                                
    an effective date."                                                                             
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
The Judiciary Committee has reviewed the qualifications of:                                         
                                                                                                    
                          Dr. Sheila Selkregg                                                      
                  Board of Governors of the Alaska Bar                                             

2002-04-25                     House Journal                      Page 3124
and recommends the following:                                                                       
                                                                                                    
Confirm (5):  Berkowitz, Meyer, James, Kookesh, Rokeberg                                            
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The report was signed by Representative Rokeberg, Chair.                                            
                                                                                                    
HB 180                                                                                            
The Judiciary 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(JUD)                                                                  
    "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 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 180(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 180 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 266                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    

2002-04-25                     House Journal                      Page 3125
    HOUSE BILL NO. 266                                                                              
    "An Act establishing and relating to the Joint Federal and State                                
    Navigable Waters Commission for Alaska; and providing for an                                    
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 266(RES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Stevens, McGuire, Fate, Kerttula, Kapsner, Masek,                                     
Scalzi                                                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 266(RES):                                                
                                                                                                    
1.  Fiscal, House Resources Committee/Dept. of Natural Resources                                    
                                                                                                    
HB 266 was referred to the Finance Committee.                                                       
                                                                                                    
HB 271                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 271                                                                              
    "An Act relating to recovery of punitive damages resulting from                                 
    an aviation accident; and providing for an effective date."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 271(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Rokeberg                                                                              
                                                                                                    
No recommendation (4):  Coghill, Meyer, James, Kookesh                                              

2002-04-25                     House Journal                      Page 3126
Amend (1):  Berkowitz                                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 271(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 271 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 277                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 277                                                                              
    "An Act relating to liens by owners of self-storage facilities;                                 
    distinguishing self-storage facility liens from another type of                                 
    storage lien; and excluding self-storage liens from the treatment of                            
    certain unclaimed property."                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 277(L&C)                                                                  
    "An Act relating to self-storage facilities; distinguishing self-                               
    storage facility liens from another type of storage lien; and                                   
    excluding self-storage liens from the Uniform Residential                                       
    Landlord and Tenant Act and the treatment of certain unclaimed                                  
    property."                                                                                      
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Rokeberg, Crawford, Murkowski                                                         
                                                                                                    
No recommendation (1):  Kott                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 277(L&C):                                                
                                                                                                    
1.  Zero, House Labor & Commerce Committee                                                          
                                                                                                    
HB 277 was referred to the Judiciary Committee.                                                     

2002-04-25                     House Journal                      Page 3127
                                                                                                    
**The presence of Representative Masek was noted.                                                   
                                                                                                    
HB 323                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 323                                                                              
    "An Act relating to emergency and disaster relief forces as state                               
    employees for purposes of workers' compensation benefits;                                       
    relating to the Emergency Management Assistance Compact and                                     
    the implementation of the compact; and providing for an effective                               
    date."                                                                                          
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Wilson, Crawford, Stevens, James, Fate, Hayes, Coghill                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Military & Veterans' Affairs                                                     
                                                                                                    
HB 323 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
                                                                                                    
HB 350                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 350                                                                              
    "An Act relating to terroristic threatening."                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 350(FIN)                                                                  
    "An Act relating to murder, conspiracy, criminal mischief, and                                  
    terroristic threatening; and providing for an effective date."                                  
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    

2002-04-25                     House Journal                      Page 3128
Do pass (9):  Bunde, Davies, Harris, Croft, Moses, Lancaster, Hudson,                               
Foster, Williams                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 350(FIN):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
3.  Indeterminate, Dept. of Law                                                                     
4.  Indeterminate, Dept. of Administration                                                          
5.  Indeterminate, Dept. of Corrections                                                             
                                                                                                    
HB 350 is on today's calendar.                                                                      
                                                                                                    
                                                                                                    
HB 448                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 448                                                                              
    "An Act relating to establishing a data base of residential                                     
    telephone customers who do not wish to receive telephone                                        
    solicitations, providing that the data base be compiled at no cost to                           
    the customers, requiring telephone solicitors to purchase the data                              
    base, and requiring paid solicitors to register; and providing for an                           
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 448(L&C)                                                                  
    "An Act relating to establishing a data base of residential                                     
    telephone customers who do not wish to receive telephonic                                       
    solicitations, providing that the data base be compiled at no cost to                           
    the customers, requiring paid telephonic sellers to purchase the                                
    data base, requiring telephonic sellers to identify themselves, and                             
    requiring telephonic solicitors who are otherwise exempt from                                   
    registration as telephone solicitors to file with the Department of                             
    Law and purchase the data base; and providing for an effective                                  
    date."                                                                                          
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    

2002-04-25                     House Journal                      Page 3129
Do pass (1):  Crawford                                                                              
                                                                                                    
No recommendation (5):  Rokeberg, Meyer, Hayes, Halcro,                                             
Murkowski                                                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 448(L&C):                                                
                                                                                                    
1.  Fiscal, Dept. of Law                                                                            
                                                                                                    
HB 448 was referred to the Judiciary Committee.                                                     
                                                                                                    
SB 37                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 37(FIN)                                                                  
    "An Act relating to collective negotiation by competing physicians                              
    with health benefit plans, to health benefit plan contracts, to the                             
    application of antitrust laws to agreements involving providers                                 
    and groups of providers affected by collective negotiations, and to                             
    the effect of the collective negotiation provisions on health care                              
    providers."                                                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 37(JUD)                                                     
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do not pass (1):  Berkowitz                                                                         
                                                                                                    
No recommendation (5):  Meyer, Coghill, James, Kookesh, Rokeberg                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 37(JUD):                                             
                                                                                                    
6.  Zero, Dept. of Administration                                                                   
8.  Fiscal, Dept. of Law                                                                            
9.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSB 37(FIN) was referred to the Finance Committee.                                                 

2002-04-25                     House Journal                      Page 3130
                                                                                                    
**The presence of Representative Mulder was noted.                                                  
                                                                                                    
SB 222                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 222(FIN)                                                                 
    "An Act relating to certain motor vehicles that are required to                                 
    yield to following traffic."                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 222(JUD)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Rokeberg                                                                              
                                                                                                    
No recommendation (4):  Meyer, Coghill, James, Kookesh                                              
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 222(JUD):                                            
                                                                                                    
1.  Fiscal, Dept. of Transportation & Public Facilities                                             
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
CSSB 222(FIN) was referred to the Finance Committee.                                                
                                                                                                    
SB 263                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 263(RLS)                                                                 
    "An Act relating to the subsequent acquisition of title to, or an                               
    interest in, real property by a person to whom the property has                                 
    purportedly been granted in fee or fee simple; and providing for an                             
    effective date."                                                                                
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               

2002-04-25                     House Journal                      Page 3131
Do pass (4):  Coghill, James, Kookesh, Rokeberg                                                     
                                                                                                    
No recommendation (1):  Berkowitz                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Senate Labor & Commerce Committee                                                         
                                                                                                    
CSSB 263(RLS) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 293                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 293                                                                              
    "An Act relating to the teachers' housing loan program in the                                   
    Alaska Housing Finance Corporation; and providing for an                                        
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 293(EDU)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Bunde, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Porter, Joule, Guess, Wilson, Stevens                                                 
                                                                                                    
No recommendation (2):  Green, Bunde                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 293(EDU):                                                
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    

2002-04-25                     House Journal                      Page 3132
HB 293 was referred to the Finance Committee.                                                       
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
HB 464                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 464                                                                              
    "An Act relating to statewide school district correspondence study                              
    programs."                                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 464(EDU)                                                                  
    "An Act relating to statewide school district correspondence study                              
    and to centralized correspondence study."                                                       
                                                                                                    
The report was signed by Representative Bunde, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Wilson, Stevens, Green                                                                
                                                                                                    
No recommendation (3):  Joule, Guess, Bunde                                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 464(EDU):                                                
                                                                                                    
2.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 464 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Chief Mel J. Personett Upon His Retirement                                               
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    

2002-04-25                     House Journal                      Page 3133
Honoring - Sitka Resident Harriet Louisa Stein on the Occasion of Her                               
100th Birthday, June 26, 2002                                                                       
By Representative Wilson; Senator Taylor                                                            
                                                                                                    
                                                                                                    
Honoring - Chugiak High School Mustangs, 2002 State Wrestling                                       
Champions                                                                                           
By Senators Halford, Phillips; Representative Dyson                                                 
                                                                                                    
                                                                                                    
In Memoriam - Joseph "Angukarnaq" Guy                                                               
By Representative Kapsner                                                                           
                                                                                                    
In Memoriam - William H. Scott, Longtime Alaskan                                                    
By Representative Murkowski                                                                         
                                                                                                    
In Memoriam - Dan R. Marsters                                                                       
By Representative Lancaster                                                                         
                                                                                                    
                                                                                                    
In Memoriam - Emma Josephine "Jo" Godes                                                             
By Representative Lancaster                                                                         
                                                                                                    
                                                                                                    
In Memoriam - Edward James Bradley                                                                  
By Senator Taylor; Representative Wilson                                                            
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 525                                                                                            
HOUSE BILL NO. 525 by the House Finance Committee, entitled:                                        
                                                                                                    
    "An Act relating to the issuance of general obligation bonds for                                
    the purpose of paying the cost of deferred maintenance of public                                
    facilities; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2002-04-25                     House Journal                      Page 3134
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 350                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 350                                                                              
    "An Act relating to terroristic threatening."                                                   
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT CS(TRA) NT 5NR 1AM                                        2334                             
 FN1: ZERO(CRT)                                                    2335                             
 FN2: INDETERMINATE(ADM)                                           2335                             
 FN3: INDETERMINATE(LAW)                                           2335                             
 JUD RPT CS(JUD) NT 1DP 3NR 1AM                                    3000                             
 FN1: ZERO(CRT)                                                    3001                             
 FN3: INDETERMINATE(LAW)                                           3001                             
 FN4: INDETERMINATE(ADM)                                           3001                             
 FN5: INDETERMINATE(COR)                                           3001                             
 FIN RPT CS(FIN) NT 9DP                                            3127                             
 FN1: ZERO(CRT)                                                    3128                             
 FN3: INDETERMINATE(LAW)                                           3128                             
 FN4: INDETERMINATE(ADM)                                           3128                             
 FN5: INDETERMINATE(COR)                                           3128                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 350(FIN)                                                                  
    "An Act relating to murder, conspiracy, criminal mischief, and                                  
    terroristic threatening; and providing for an effective date."                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Davies and                                           
McGuire:                                                                                            
                                                                                                    

2002-04-25                     House Journal                      Page 3135
Page 8, line 30:                                                                                    
 Delete "with intent to"                                                                            
 Insert "and as a result"                                                                           
                                                                                                    
Page 8, line 31:                                                                                    
 Delete "place a person in"                                                                         
 Insert "places a person in reasonable"                                                             
                                                                                                    
Page 9, lines 1 and 3:                                                                              
 Delete "cause"                                                                                     
 Insert "causes"                                                                                    
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
**The presence of Representative Rokeberg was noted.                                                
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
350(FIN) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 350(FIN) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 350(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 350(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson,                                  
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski,                                            
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
And so, CSHB 350(FIN) am passed the House.                                                          

2002-04-25                     House Journal                      Page 3136
Representative Foster 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 350(FIN) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Kerttula introduced Electra Gardinier and Jessica                                    
Valero, Guest Pages, from Juneau.                                                                   
                                                                                                    
HB 472                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 5NR 1AM                                        2752                             
 FN1: ZERO(DPS)                                                    2753                             
 JUD RPT CS(JUD) NT 1DP 5NR                                        3061                             
 FN1: ZERO(DPS)                                                    3061                             
 FN2: ZERO(DPS)                                                    3061                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    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."                                                                                      
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
472(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    

2002-04-25                     House Journal                      Page 3137
CSHB 472(JUD) was read the third time.                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 472(JUD) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 1 was offered  by Representative Coghill:                                              
                                                                                                    
Page 3, line 30:                                                                                    
 Delete "30"                                                                                        
 Insert "15"                                                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The question being:  "Shall CSHB 472(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 472(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  3   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James,                                   
Joule, Kapsner, Kerttula, Kookesh, Lancaster, McGuire, Meyer,                                       
Morgan, Moses, Mulder, Murkowski, Rokeberg, Scalzi, Stevens,                                        
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Davies, Kohring, Masek                                                                       
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  Kott                                                                                       
                                                                                                    
And so, CSHB 472(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        
                                                                                                    
HB 499                                                                                            
The following was read the second time:                                                             

2002-04-25                     House Journal                      Page 3138
    HOUSE BILL NO. 499                                                                              
    "An Act relating to the sale, lease, exchange, or other disposition                             
    of business property and assets."                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT CS(JUD) NT 2DP 4NR                                        3063                             
 FN1: ZERO(CED)                                                    3064                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    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."                                                                                      
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 2 (title amendment):                                                                   
 Delete "before, on, or"                                                                          
                                                                                                    

2002-04-25                     House Journal                      Page 3139
Page 2, line 30:                                                                                    
 Delete "before, on, or"                                                                            
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Mulder placed a call of the House.                                                   
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 499(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  25   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Halcro,                                 
Hudson, Joule, Kapsner, Kerttula, Kookesh                                                           
                                                                                                    
Nays:  Bunde, Chenault, Dyson, Fate, Foster, Green, Harris, Hayes,                                  
James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                     
Moses, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker,                                      
Williams, Wilson                                                                                    
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Kerttula:                                             
                                                                                                    
Page 2, line 21, following "predecessor;":                                                          
 Delete "or"                                                                                        
                                                                                                    
Page 2, line 23:                                                                                    
 Delete "."                                                                                         
 Insert "; or"                                                                                      
                                                                                                    

2002-04-25                     House Journal                      Page 3140
Page 2, following line 23:                                                                          
 Insert a new paragraph to read:                                                                    
      "(5)  the transfer amounts to little more than a sham                                         
    transaction to avoid liabilities."                                                              
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Amendment to Amendment No. 2 was offered  by Representative                                          
Kerttula:                                                                                           
                                                                                                    
 Delete "sham"                                                                                      
 Insert "deceptive"                                                                                 
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment to Amendment No. 2 be adopted.                                                            
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The Speaker Pro Tempore stated that, without objection, CSHB                                        
499(JUD) would be moved to the bottom of the calendar.                                              
                                                                                                    
                                                                                                    
HB 523                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 523                                                                              
    "An Act naming the state airport at Dutch Harbor the Charles                                    
    Thomas Madsen, Sr., Airport."                                                                   
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT CS(TRA) NT 6DP                                            3109                             
 FN1: ZERO(DOT)                                                    3109                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2002-04-25                     House Journal                      Page 3141
    CS FOR HOUSE BILL NO. 523(TRA)                                                                  
    "An Act naming the state airport at the City of Unalaska the Tom                                
    Madsen Airport."                                                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
523(TRA) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 523(TRA) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 523(TRA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 523(TRA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  3   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Masek,                                       
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Rokeberg,                                         
Scalzi, Stevens, Williams, Wilson                                                                   
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  Davies, Kott, Whitaker                                                                     
                                                                                                    
And so, CSHB 523(TRA) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 11                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 11(FIN)                                                                  
    "An Act relating to required school attendance; and providing for                               
    an effective date."                                                                             

2002-04-25                     House Journal                      Page 3142
with the:                                                  Journal Page                             
                                                                                                    
 EDU RPT 4DP 1NR                                                   2778                             
 FN2: ZERO(EED)                                                    2778                             
 HES RPT 3DP 1NR 2AM                                               2970                             
 FN2: ZERO(EED)                                                    2970                             
                                                                                                    
Representative Foster moved and asked unanimous consent that CSSB                                   
11(FIN) be considered engrossed, advanced to third reading, and                                     
placed on final passage.                                                                            
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
CSSB 11(FIN) will be in third reading on tomorrow's calendar.                                       
                                                                                                    
                                                                                                    
SB 244                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 244(RLS)                                                                 
    "An Act extending the termination date of the Board of Examiners                                
    in Optometry; and relating to optometrists."                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 7DP                                                       2581                             
 FN1: (CED)                                                        2581                             
 FIN RPT 9DP                                                       3094                             
 FN1: (CED)                                                        3094                             
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that CSSB                                   
244(RLS) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSSB 244(RLS) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSSB 244(RLS) pass the House?"  The                                     
roll was taken with the following result:                                                           

2002-04-25                     House Journal                      Page 3143
                                                                                                    
CSSB 244(RLS)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  3   ABSENT:  6                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson,                                    
Fate, Foster, Green, Harris, Hayes, Hudson, James, Joule, Kapsner,                                  
Kohring, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan,                                         
Moses, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams,                                      
Wilson                                                                                              
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  Berkowitz, Davies, Halcro, Kerttula, Kott, Whitaker                                        
                                                                                                    
And so, CSSB 244(RLS) passed the House, was signed by the Speaker                                   
Pro Tempore and Acting Chief Clerk and returned to the Senate.                                      
                                                                                                    
                                                                                                    
SB 358                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 358                                                                             
    "An Act naming state ferries."                                                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT 6DP                                                       3110                             
 FN1: ZERO(DOT)                                                    3111                             
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
SB 358 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
SB 358 was read the third time.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall SB 358 pass the House?"  The roll was                                   
taken with the following result:                                                                    

2002-04-25                     House Journal                      Page 3144
                                                                                                    
SB 358                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  3   ABSENT:  5                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                                   
Dyson, Fate, Foster, Green, Harris, Hayes, Hudson, James, Joule,                                    
Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                         
Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens,                                        
Williams, Wilson                                                                                    
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  Berkowitz, Halcro, Kerttula, Moses, Whitaker                                               
                                                                                                    
And so, SB 358 passed the House, was signed by the Speaker Pro                                      
Tempore and Acting Chief Clerk and returned to the Senate.                                          
                                                                                                    
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 246                                                                                            
The following, which was advanced to third reading from the April 24,                               
2002, calendar (page 3112), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 246(JUD)                                                                  
    "An Act relating to regulation of a person providing insurance for                              
    the cost of medical care, to confidentiality of insurance records, to                           
    insurance hearings, to insurance fees, to annual and quarterly                                  
    statements by insurers, to managed care insurance, to taxes on                                  
    insurance, to insurer certificates of authority, to risk based capital                          
    for insurers, to unauthorized and nonadmitted insurers, to surplus                              
    lines insurance, to health insurance, to life insurance, to annuity                             
    insurance, to consumer credit insurance, to insurer liquidation, to                             
    multiple employer welfare arrangements, to the Alaska Insurance                                 
    Guaranty Association, to hospital and medical service                                           
    corporations, and to regulation of insurance producers, agents,                                 
    brokers, managers, and adjusters; and providing for an effective                                
    date."                                                                                          
                                                                                                    

2002-04-25                     House Journal                      Page 3145
Representative Hayes moved and asked unanimous consent that he be                                   
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Hayes was required to vote.                                           
                                                                                                    
The question being:  "Shall CSHB 246(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 246(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  3   ABSENT:  5                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson,                                   
Fate, Foster, Green, Harris, Hayes, Hudson, James, Joule, Kapsner,                                  
Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens,                                        
Williams, Wilson                                                                                    
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  Berkowitz, Croft, Halcro, Moses, Whitaker                                                  
                                                                                                    
And so, CSHB 246(JUD) passed the House.                                                             
                                                                                                    
                                                                                                    
Representative Foster 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 246(JUD) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HCR 23                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 23                                                              
    Proposing amendments to Uniform Rule 20 of the Alaska State                                     
    Legislature; and providing for an effective date for the                                        
    amendments.                                                                                     
                                                                                                    

2002-04-25                     House Journal                      Page 3146
with the:                                                  Journal Page                             
                                                                                                    
 EDU RPT 6DP                                                       2227                             
 FN1: ZERO(H.EDU)                                                  2228                             
 HES RPT 4DP 3DNP                                                  2923                             
 FN2: (H.HES)                                                      2923                             
 FIN RPT 6DP 1NR                                                   3107                             
 FN3: ZERO(LAA)                                                    3107                             
                                                                                                    
Representative Bunde placed a call of the House and lifted the call.                                
                                                                                                    
The question being:  "Shall HCR 23 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 23                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  7   EXCUSED:  3   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies,                                 
Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                
Kerttula, Kookesh, Kott, Lancaster, Meyer, Morgan, Mulder,                                          
Murkowski, Scalzi, Stevens, Williams, Wilson                                                        
                                                                                                    
Nays:  Coghill, Dyson, Fate, Kohring, Masek, Rokeberg, Whitaker                                     
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  McGuire, Moses                                                                             
                                                                                                    
And so, HCR 23 passed the House.                                                                    
                                                                                                    
Representative Rokeberg later gave notice of reconsideration of the                                 
vote on HCR 23, and the reconsideration was taken up then.                                          
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
HB 499                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3140), was again before the House with Amendment to                                           
Amendment No. 2 moved and pending:                                                                  

2002-04-25                     House Journal                      Page 3147
    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."                                                                                      
                                                                                                    
Representative Berkowitz placed a call of the House.                                                
                                                                                                    
Representative Kerttula moved and asked unanimous consent to                                        
withdraw Amendment No. 2.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 21, following "predecessor;":                                                          
 Delete "or"                                                                                        
                                                                                                    
Page 2, line 23:                                                                                    
 Delete "."                                                                                         
 Insert "; or"                                                                                      
                                                                                                    
Page 2, following line 23:                                                                          
 Insert a new paragraph to read:                                                                    
      "(5)  results in the transfer of the business as an ongoing                                   
    concern."                                                                                       

2002-04-25                     House Journal                      Page 3148
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Berkowitz lifted the call.                                                           
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 499(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  7   NAYS:  29   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Joule, Kapsner, Kookesh, Moses                                  
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster,                                
Green, Halcro, Harris, Hayes, Hudson, James, Kerttula, Kohring, Kott,                               
Lancaster, Masek, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                       
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  McGuire                                                                                    
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Amendment No. 4 was offered  by Representative Davies:                                               
                                                                                                    
Page 2, line 21, following "predecessor;":                                                          
 Delete "or"                                                                                        
                                                                                                    
Page 2, line 23:                                                                                    
 Delete "."                                                                                         
 Insert "; or"                                                                                      
                                                                                                    
Page 2, following line 23:                                                                          
 Insert a new paragraph to read:                                                                    
  "(5) the transfer has the effect of shielding a person from                                       
legitimate liability."                                                                              
                                                                                                    

2002-04-25                     House Journal                      Page 3149
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 499(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  14   NAYS:  23   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Hayes,                                    
Hudson, Joule, Kapsner, Kerttula, Kookesh, Moses, Wilson                                            
                                                                                                    
Nays:  Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris,                               
James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                     
Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Williams                                    
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
499(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
CSHB 499(JUD) will be in third reading on tomorrow's calendar.                                      
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    

2002-04-25                     House Journal                      Page 3150
Honoring - The UAF Hockey Team                                                                      
By Representatives Hayes, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Davies, Dyson, Fate, Green, Guess,                                       
Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                   
Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder,                                             
Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                     
Wilson; Senator Wilken                                                                              
                                                                                                    
Honoring - Chugiak High School Mock Trial Law Team                                                  
By Senator Phillips; Representatives Porter, Berkowitz, Bunde,                                      
Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Green, Guess,                                   
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder,                                    
Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                                
                                                                                                    
In Memoriam - Costa Alton                                                                           
By Senator Elton; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Foster, Guess,                                  
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder,                                    
Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                        
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 464                                                                                            
The Speaker Pro Tempore added a Finance Committee referral for the                                  
following:                                                                                          
                                                                                                    
    HOUSE BILL NO. 464                                                                              
    "An Act relating to statewide school district correspondence study                              
    programs."                                                                                      
                                                                                                    
HB 464 was removed from the Rules Committee and referred to the                                     
Finance Committee.                                                                                  
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HCR 23                                                                                            
Representative Rokeberg gave notice of reconsideration of the vote on                               
HCR 23 (page 3146).                                                                                 

2002-04-25                     House Journal                      Page 3151
Representative Rokeberg moved and asked unanimous consent that the                                  
reconsideration of HCR 23 be taken up on the same day.                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Davies placed a call of the House and lifted the call.                               
                                                                                                    
The following was again before the House in second reading:                                         
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 23                                                              
    Proposing amendments to Uniform Rule 20 of the Alaska State                                     
    Legislature; and providing for an effective date for the                                        
    amendments.                                                                                     
                                                                                                    
The question to be reconsidered:  "Shall HCR 23 pass the House?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
HCR 23--RECONSIDERATION                                                                             
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  7   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies,                                 
Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                
Kerttula, Kookesh, Kott, Lancaster, McGuire, Morgan, Mulder,                                        
Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson                                              
                                                                                                    
Nays:  Coghill, Dyson, Fate, Kohring, Masek, Meyer, Whitaker                                        
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, HCR 23 passed the House on reconsideration and was referred                                 
to the Chief Clerk for engrossment.                                                                 
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    

2002-04-25                     House Journal                      Page 3152
Representative Williams - from 10:44 a.m., April 26 to 8:33 p.m.,                                   
plane time, April 28, 2002                                                                          
                                                                                                    
HB 350                                                                                            
Representative Hudson added his name as cosponsor to:                                               
                                                                                                    
    CS FOR HOUSE BILL NO. 350(FIN) am                                                               
    "An Act relating to murder, conspiracy, criminal mischief, and                                  
    terroristic threatening; and providing for an effective date."                                  
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 23                                                                                            
HCR 23 was engrossed, signed by the Speaker Pro Tempore and                                         
Acting Chief Clerk and transmitted to the Senate for consideration.                                 
                                                                                                    
HB 246                                                                                            
CSHB 246(JUD) was engrossed, signed by the Speaker Pro Tempore                                      
and Acting Chief Clerk and transmitted to the Senate for                                            
consideration.                                                                                      
                                                                                                    
HB 350                                                                                            
CSHB 350(FIN) am was engrossed, signed by the Speaker Pro                                           
Tempore and Acting Chief Clerk and transmitted to the Senate for                                    
consideration.                                                                                      
                                                                                                    
HB 471                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker Pro Tempore and Acting                                
Chief Clerk and transmitted to the Senate for consideration:                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 471(CRA)                                                                  
    "An Act increasing the maximum amount of loans from the bulk                                    
    fuel revolving loan fund operated by the Alaska Energy Authority;                               
    relating to the definitions of 'net income' and 'unrestricted net                               
    income' for purposes of determining the amount of the Alaska                                    
    Industrial Development and Export Authority's dividend to the                                   
    state; relating to communities within which rural development                                   
    loans may be made by the Alaska Industrial Development and                                      
    Export Authority; and providing for an effective date."                                         

2002-04-25                     House Journal                      Page 3153
HB 472                                                                                            
CSHB 472(JUD) am was engrossed, signed by the Speaker Pro                                           
Tempore and Acting Chief Clerk and transmitted to the Senate for                                    
consideration.                                                                                      
                                                                                                    
HB 523                                                                                            
CSHB 523(TRA) was engrossed, signed by the Speaker Pro Tempore                                      
and Acting Chief Clerk and transmitted to the Senate for                                            
consideration.                                                                                      
                                                                                                    
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HCR 19                                                                                            
The following was enrolled, signed by the Speaker and Acting Chief                                  
Clerk, President and Secretary of the Senate, and the engrossed and                                 
enrolled copies were transmitted to the Office of the Governor at                                   
1:27 p.m., April 24, 2002:                                                                          
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 19                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 176;                                   
    prohibiting certain coercive activity by distributors, relating to                              
    certain required distributor payments and purchases; prohibiting                                
    distributors from requiring certain contract terms as a condition                               
    for certain acts related to distributorship and ancillary agreements;                           
    allowing dealers to bring certain court actions against distributors                            
    for certain relief; and exempting from the provisions of the Act                                
    franchises regulated by the federal Petroleum Marketing Practices                               
    Act, situations regulated by the Alaska Gasoline Products Leasing                               
    Act, and distributorship agreements relating to motor vehicles                                  
    required to be registered under AS 28.10.                                                       
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus          Speaker's Chamber               5:00 p.m., 4/25                            
                                                                                                    

2002-04-25                     House Journal                      Page 3154
The following meeting today has been changed as indicated:                                          
                                                                                                    
Transportation Committee                                                                            
CHANGED TO:                                              1:30 p.m., 4/25                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 10:00 a.m., April 26, 2002.  There being no                                     
objection, the House adjourned at 12:58 p.m.                                                        
                                                                                                    
                                            Solyra Sepulveda                                        
                                            Assistant Chief Clerk