Legislature(2001 - 2002)
2002-05-03 House Journal
Full Journal pdf2002-05-03 House Journal Page 3339 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday May 3, 2002 One Hundred Tenth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:11 a.m. Roll call showed 21 members present. Representative Ogan had been previously excused from a call of the House today. Representatives Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Moses, Mulder, and Williams were absent and their presence was noted later. The invocation was offered by the Reverend Ron Covey of Douglas Community United Methodist Church. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Mr. Speaker, Honorable Representatives, members of the staff, distinguished guests and visitors, with deepest respect for the religious beliefs of all Alaskans, may we take this moment of prayer. Let us pray. Lord, there's not a person on this House floor that would claim perfection. These are ordinary men and women, but special because we have chosen them for this task of leadership. They feel the pain of sharp words and barbed remarks just like anyone else. They know disappointment just like anyone else. They know the nagging of hindsight which shows what should have been said or done, but now cannot. They have times of temper, and times of weariness, and times when they feel like chucking it all and going home. But they don't. They stick with it and they do their job. We thank You 2002-05-03 House Journal Page 3340 so much for their caring and for their dedication. Too rarely do they receive appreciation for doing a task that the great majority of us choose not to do. Bless them and be with them in these closing days. Grant them wisdom, strength, patience, and a spirit of unity. And when the session ends, and the armchair politicians begin to carp and complain and criticize, sustain these, our leaders, Lord, with the knowledge that You know their hearts and You and they know they have done their best. Amen. The Pledge of Allegiance was led by Representative Morgan. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 109th legislative day be approved as certified by the Assistant Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 439 A message dated May 2, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 439(RES)(title am) "An Act removing provisions providing an opportunity to petition for review of proposed or final consistency determinations under the Alaska coastal zone management program; and limiting the authority of the Alaska Coastal Policy Council to order a coastal resource district or a state agency to take action with respect to a proposed or final consistency determination." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 439(FIN) "An Act relating to compliance with and implementation of district coastal management programs; removing the opportunity 2002-05-03 House Journal Page 3341 to petition for review of proposed or final consistency determinations under the Alaska coastal zone management program; and limiting the authority of the Alaska Coastal Policy Council to order a coastal resource district or a state agency to take action with respect to a proposed or final consistency determination; and providing for an effective date." (SCR 34 - title change resolution) CSHB 439(RES)(title am) is under Unfinished Business. SB 11 A message dated May 2, 2002, was read stating the Senate has failed to concur in the House amendment to: CS FOR SENATE BILL NO. 11(FIN) "An Act relating to required school attendance; and providing for an effective date." namely, CS FOR SENATE BILL NO. 11(FIN) am H "An Act relating to required school attendance and relating to a curriculum for Alaska history; and providing for an effective date." (HCR 30 - title change resolution) and respectfully requests the House to recede from its amendment. **The presence of Representatives Cissna and Kookesh was noted. Representative James moved that the House recede from its amendment to CSSB 11(FIN) and recommended that the members vote no. The question being: "Shall the House recede from its amendment to CSSB 11(FIN)?" The roll was taken with the following result: 2002-05-03 House Journal Page 3342 CSSB 11(FIN) am H Recede YEAS: 0 NAYS: 23 EXCUSED: 1 ABSENT: 16 Nays: Bunde, Chenault, Cissna, Coghill, Dyson, Fate, Foster, Green, Harris, James, Kohring, Kookesh, Lancaster, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Excused: Ogan Absent: Berkowitz, Crawford, Croft, Davies, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kott, Masek, Moses, Mulder, Williams And so, the House failed to recede. Pursuant to Uniform Rule 42(a), the Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative Stevens Representative Coghill Representative Kapsner The Chief Clerk was instructed to so notify the Senate. **The presence of Representative Moses was noted. HB 403 A message dated May 2, 2002, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 403(FIN) am(brf sup maj fld)(efd fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds." 2002-05-03 House Journal Page 3343 and SENATE CS FOR CS FOR HOUSE BILL NO. 403(FIN) am S(brf sup maj fld S) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." (technical title change) The Speaker had previously granted the limited powers of free conference on the specific points requested (page 3282). **The presence of Representative Berkowitz was noted. HB 404 A message dated May 2, 2002, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 404(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 404(FIN) (same title) The Speaker had previously granted the limited powers of free conference on the specific points requested (page 3305). A message dated April 30, 2002, was read stating the Senate has passed the following and it is transmitted for consideration: 2002-05-03 House Journal Page 3344 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 34 SENATE CONCURRENT RESOLUTION NO. 34 by the Senate Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 439, relating to removing provisions providing an opportunity to petition for review of proposed or final consistency determinations under the Alaska coastal zone management program; and limiting the authority of the Alaska Coastal Policy Council to order a coastal resource district or a state agency to take action with respect to a proposed or final consistency determination. was read the first time and is on today's calendar. REPORTS OF STANDING COMMITTEES HB 175 The Finance Committee has considered: HOUSE BILL NO. 175 "An Act making an appropriation to the Alaska Industrial Development and Export Authority for power projects; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 175(2d FIN) "An Act making an appropriation to the Alaska Energy Authority to secure repayment of bonds for power and intertie projects; and providing for an effective date." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: 2002-05-03 House Journal Page 3345 Do pass (9): Whitaker, Harris, Davies, Moses, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (1): Bunde HB 175 is on today's calendar. HB 524 The Finance Committee has considered: HOUSE BILL NO. 524 "An Act relating to the issuance of general obligation bonds for the purpose of paying the cost of design, construction, and maintenance of schools and state facilities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 524(FIN) "An Act relating to the issuance of general obligation bonds for the purpose of paying the cost of design, construction, and major maintenance of educational and museum facilities; and providing for an effective date." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (8): Harris, Davies, Moses, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (2): Bunde, Whitaker The following fiscal note(s) apply to CSHB 524(FIN): 1. Fiscal, Dept. of Revenue HB 524 is on today's calendar. **The presence of Representatives Hayes and Crawford was noted. 2002-05-03 House Journal Page 3346 HB 525 The Finance Committee has considered: HOUSE BILL NO. 525 "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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 525(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (8): Harris, Davies, Moses, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (2): Bunde, Whitaker The following fiscal note(s) apply to CSHB 525(FIN): 1. Fiscal, Dept. of Revenue HB 525 is on today's calendar. **The presence of Representatives Joule and Mulder was noted. HB 528 The Finance Committee has considered: HOUSE BILL NO. 528 "An Act relating to programs of state reimbursement for debt payments for certain capital projects; and providing for an effective date." and recommends it be replaced with: 2002-05-03 House Journal Page 3347 CS FOR HOUSE BILL NO. 528(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (6): Davies, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (4): Bunde, Whitaker, Harris, Croft HB 528 is on today's calendar. REPORTS OF SPECIAL COMMITTEES HB 527 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 527 "An Act relating to entry into the Minto Flats State Game Refuge for purposes of exploration and development of oil and gas resources." The report was signed by Representative Fate, Vice Chair, with the following individual recommendations: Do pass (4): Kohring, Dyson, Chenault, Fate No recommendation (1): Guess The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources HB 527 was referred to the Resources Committee. **The presence of Representative Halcro was noted. 2002-05-03 House Journal Page 3348 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dan Eide, Valdez High School Varsity Basketball Coach By Representative Harris Honoring - Kaitlin Vadla By Senator Ward Honoring - William A. Oefelein, Alaska's First Astronaut By Senator Leman Honoring - National Correctional Officers' Week, May 5 - 11, 2002 By Senator Torgerson Honoring - Ninilchik Wolverines Girls Basketball Team, 2001 - 02 Class 2A - 3Peat State Champions and Ninilchik Wolverines Boys Basketball Team By Senators Torgerson, Leman Honoring - University of Alaska Anchorage Speech and Debate Team, 2002 Parliamentary Debate National Champions By Senators Leman, Ellis; Representative Crawford Honoring - Don and Jan Stump By Senator Leman In Memoriam - Robert Simon By Representatives Kerttula, Hudson; Senator Elton **The presence of Representatives Davies and Guess was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 175 The following was read the second time: 2002-05-03 House Journal Page 3349 HOUSE BILL NO. 175 "An Act making an appropriation to the Alaska Industrial Development and Export Authority for power projects; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 2DP 1DNP 1NR 3AM 922 FIN RPT CS(FIN) NT 6DP 4NR 1267 FIN RPT CS(2D FIN) NT 9DP 1NR 3344 **The presence of Representatives Kerttula, Masek, Kott, and Hudson was noted. Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 175(2d FIN) "An Act making an appropriation to the Alaska Energy Authority to secure repayment of bonds for power and intertie projects; and providing for an effective date." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 175(2d FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 175(2d FIN) was read the third time. **The presence of Representative Kapsner was noted. The question being: "Shall CSHB 175(2d FIN) pass the House?" The roll was taken with the following result: CSHB 175(2d FIN) Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 2002-05-03 House Journal Page 3350 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Kohring Excused: Ogan Absent: Croft, Williams And so, CSHB 175(2d FIN) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 175(2d FIN) was referred to the Chief Clerk for engrossment. * * * * * Representative Kerttula introduced Congressman Marcos Afonso, Representative for the State of Acre, Brazil, and Lou Riggio, State Department interpreter. HB 464 The following was read the second time: HOUSE BILL NO. 464 "An Act relating to statewide school district correspondence study programs." with the: Journal Page HES RPT CS(HES) NT 5DP 2924 FN1: ZERO(H.HES/EED) 2924 EDU RPT CS(EDU) NT 3DP 3NR 3132 FN2: (EED) 3132 FIN RPT CS(EDU) NT 7DP 3NR 3255 2002-05-03 House Journal Page 3351 FN2: (EED) 3255 RLS RPT CS(RLS) NT 3DP 3NR 3278 FN2: (EED) 3278 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 464(RLS) "An Act relating to statewide school district correspondence study and to centralized correspondence study." There being no objection, it was so ordered. **The presence of Representative Croft was noted. Representative James moved and asked unanimous consent that CSHB 464(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 464(RLS) was read the third time. **The presence of Representative Williams was noted. The question being: "Shall CSHB 464(RLS) pass the House?" The roll was taken with the following result: CSHB 464(RLS) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Halcro, Kott And so, CSHB 464(RLS) passed the House and was referred to the Chief Clerk for engrossment. 2002-05-03 House Journal Page 3352 HB 489 The following was read the second time: HOUSE BILL NO. 489 "An Act relating to cruelty to animals." with the: Journal Page JUD RPT CS(JUD) 3DP 3NR 3091 FN1: INDETERMINATE(COR) 3091 FN2: INDETERMINATE(LAW) 3091 FIN RPT CS(JUD) 9DP 2NR 3255 FN1: INDETERMINATE(COR) 3256 FN2: INDETERMINATE(LAW) 3256 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 489(JUD) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 489(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 489(JUD) was read the third time. The question being: "Shall CSHB 489(JUD) pass the House?" The roll was taken with the following result: CSHB 489(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 2002-05-03 House Journal Page 3353 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Kohring And so, CSHB 489(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 524 The following was read the second time: HOUSE BILL NO. 524 "An Act relating to the issuance of general obligation bonds for the purpose of paying the cost of design, construction, and maintenance of schools and state facilities; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) NT 8DP 2NR 3345 FN1: (REV) 3345 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 524(FIN) "An Act relating to the issuance of general obligation bonds for the purpose of paying the cost of design, construction, and major maintenance of educational and museum facilities; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kapsner: 2002-05-03 House Journal Page 3354 Page 2, line 20: Insert "(3) Akiachak school improvement Yupiit 19,099,094" Renumber accordingly. Representative Kapsner moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. Representative Kookesh moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Kookesh was required to vote. Representative Kookesh placed a call of the House and lifted the call. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 524(FIN) Second Reading Amendment No. 1 YEAS: 15 NAYS: 23 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Fate, Guess, Halcro, Hayes, Joule, Kapsner, Kerttula, Kookesh, Morgan, Moses Nays: Bunde, Chenault, Coghill, Dyson, Foster, Green, Harris, Hudson, James, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Kohring And so, Amendment No. 1 was not adopted. 2002-05-03 House Journal Page 3355 Amendment No. 2 was offered by Representatives Hayes and Croft: Page 1, line 2, following "educational" (title amendment): Delete "and museum" Insert ", museum, and veterans housing" Insert a new section authorizing the following expenditure. Page 2, line 30: Delete all material. Insert "(10) Administration - Veterans Housing 4,000,000" Page 4, lines 28 and 30: Delete "152,914,583" Insert "148,584,583" Representative Hayes moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 524(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess, Halcro, Hayes, Joule, Kapsner, Kerttula, Kookesh, Masek, Moses Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, Amendment No. 2 was not adopted. 2002-05-03 House Journal Page 3356 Representative James moved and asked unanimous consent that CSHB 524(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 524(FIN) was read the third time. The question being: "Shall CSHB 524(FIN) pass the House?" The roll was taken with the following result: CSHB 524(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Foster, Halcro And so, CSHB 524(FIN) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 524(FIN) was referred to the Chief Clerk for engrossment. HB 525 The following was read the second time: HOUSE BILL NO. 525 "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." 2002-05-03 House Journal Page 3357 with the: Journal Page FIN RPT CS(FIN) 8DP 2NR 3346 FN1: (REV) 3346 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 525(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Mulder and Davies: Page 1, line 9: Delete "199,317,717" Insert "199,455,263" Page 2, line 10: Delete "113,370,217" Insert "113,507,763" Page 6, lines 16 - 17: Delete all material. Insert "(79) District-wide Lake and Peninsula 1,118,582 mechanical heating/ waste heat upgrade" Page 10, line 4: Delete "697,612" Insert "698,093" Page 10, line 30: Delete "199,317,717" Insert "199,455,263" Page 11, line 1: Delete "199,317,717" Insert "199,455,263" 2002-05-03 House Journal Page 3358 Representative Mulder moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Kerttula: Page 8, line 18: Delete "48,500,000" Insert "54,600,000" Page 8, line 26: Delete "6,000,000" Insert "12,100,000" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. Representative Kerttula moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Kerttula was required to vote. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 525(FIN) am Second Reading Amendment No. 2 YEAS: 12 NAYS: 26 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan 2002-05-03 House Journal Page 3359 Absent: Masek And so, Amendment No. 2 was not adopted. Representative James moved and asked unanimous consent that CSHB 525(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 525(FIN) am was read the third time. The question being: "Shall CSHB 525(FIN) am pass the House?" The roll was taken with the following result: CSHB 525(FIN) am Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Kott And so, CSHB 525(FIN) am passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 525(FIN) am was referred to the Chief Clerk for engrossment. HB 528 The following was read the second time: 2002-05-03 House Journal Page 3360 HOUSE BILL NO. 528 "An Act relating to programs of state reimbursement for debt payments for certain capital projects; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) 6DP 4NR 3346 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 528(FIN) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 528(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 528(FIN) was read the third time. The question being: "Shall CSHB 528(FIN) pass the House?" The roll was taken with the following result: CSHB 528(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, CSHB 528(FIN) passed the House. 2002-05-03 House Journal Page 3361 Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 528(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SCR 34 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 34 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 439, relating to removing provisions providing an opportunity to petition for review of proposed or final consistency determinations under the Alaska coastal zone management program; and limiting the authority of the Alaska Coastal Policy Council to order a coastal resource district or a state agency to take action with respect to a proposed or final consistency determination. The question being: "Shall SCR 34 pass the House?" The roll was taken with the following result: SCR 34 Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, SCR 34 passed the House. 2002-05-03 House Journal Page 3362 LEGISLATIVE CITATIONS Representative James moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Connie Bensler By Representatives Bunde, Porter, Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Thomas L. Moses, Jr., P.E., Whittier Access Project By Representatives Dyson, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - The Angoon Eagles, Angoon Boys and Girls "Mixed Six" Volleyball Team By Representatives Kookesh, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, 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 Honoring - The Hoonah Braves, Hoonah Girls Volleyball Team By Representatives Kookesh, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, 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 2002-05-03 House Journal Page 3363 Honoring - The Craig Panthers, Craig Boys Basketball Team By Representatives Kookesh, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, 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 Honoring - Hydaburg Boys Basketball Team, The Warriors By Representatives Kookesh, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, 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 Honoring - Klawock Boys Wrestling Team By Representatives Kookesh, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, 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 Honoring - Valdez High School Academic Decathlon By Representatives Harris, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson; Senator Lincoln Honoring - Department of Transportation and Public Facilities By Representatives Dyson, Porter, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2002-05-03 House Journal Page 3364 Honoring - Brian J. Borkowski, Federal Employee of the Year By Senator Taylor; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, 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 Honoring - Joe Malatesta, Sr. By Senator Ward; Representatives Chenault, Porter, Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson In Memoriam - James M. Messick By Representatives Kohring, Ogan, Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Green CONCUR IN SENATE AMENDMENTS HB 470 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3273) on the following at this time: CS FOR HOUSE BILL NO. 470(L&C)(title am) "An Act relating to public offering statements required under the Uniform Common Interest Ownership Act; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 470(RLS) (same title) There being no objection, it was so ordered. 2002-05-03 House Journal Page 3365 Representative James moved that the House concur in the Senate amendment to CSHB 470(L&C)(title am), thus adopting SCS CSHB 470(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 470(L&C)(title am)?" The roll was taken with the following result: SCS CSHB 470(RLS) Concur YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Kookesh And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 470(RLS). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 470(RLS) was referred to the Chief Clerk for enrollment. HB 298 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3273) on the following at this time: CS FOR HOUSE BILL NO. 298(L&C) "An Act relating to authorizing the Alaska Railroad Corporation to lease land for a period of up to 55 years." 2002-05-03 House Journal Page 3366 and SENATE CS FOR CS FOR HOUSE BILL NO. 298(FIN) "An Act relating to authorizing the Alaska Railroad Corporation to lease land for a period of up to 55 years; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 298(L&C), thus adopting SCS CSHB 298(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 298(L&C)?" The roll was taken with the following result: SCS CSHB 298(FIN) Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 298(FIN). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. 2002-05-03 House Journal Page 3367 SCS CSHB 298(FIN) was referred to the Chief Clerk for enrollment. HJR 46 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3272) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 46(RES) Relating to the moratorium on fish farming in British Columbia. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 46(RLS) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHJR 46(RES), thus adopting SCS CSHJR 46(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 46(RES)?" The roll was taken with the following result: SCS CSHJR 46(RLS) Concur YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Croft, Davies, Hayes, Kapsner, Kohring, Kookesh, Mulder, Porter 2002-05-03 House Journal Page 3368 Excused: Ogan Porter changed from "Yea" to "Nay". Hayes changed from "Yea" to "Nay". And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 46(RLS). The Chief Clerk was instructed to so notify the Senate. SCS CSHJR 46(RLS) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS Representative James moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Davies - from 7:00 p.m., today to 9:45 p.m., plane time, May 5, 2002 HB 315 Representative Croft added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 315 "An Act allowing employers that are small businesses, small nonprofit organizations, or small associations for insurance purposes to join state employee insurance coverage as a group; and providing for an effective date." HB 464 Representatives Stevens and Rokeberg added their names as cosponsors to: CS FOR HOUSE BILL NO. 464(RLS) "An Act relating to statewide school district correspondence study and to centralized correspondence study." HB 489 Representatives Kerttula, Crawford, and Hayes added their names as cosponsors to: 2002-05-03 House Journal Page 3369 CS FOR HOUSE BILL NO. 489(JUD) "An Act relating to cruelty to animals." ENGROSSMENT HB 175 CSHB 175(2d FIN) was engrossed, signed by the Speaker and Acting Chief Clerk and transmitted to the Senate for consideration. HB 464 CSHB 464(RLS) was engrossed, signed by the Speaker and Acting Chief Clerk and transmitted to the Senate for consideration. HB 489 CSHB 489(JUD) was engrossed, signed by the Speaker and Acting Chief Clerk and transmitted to the Senate for consideration. HB 524 CSHB 524(FIN) was engrossed, signed by the Speaker and Acting Chief Clerk and transmitted to the Senate for consideration. HB 525 CSHB 525(FIN) am was engrossed, signed by the Speaker and Acting Chief Clerk and transmitted to the Senate for consideration. HB 528 CSHB 528(FIN) was engrossed, signed by the Speaker and Acting Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 6, 2002. There being no objection, the House adjourned at 12:09 p.m. Solyra Sepulveda Assistant Chief Clerk