Legislature(2001 - 2002)
2002-05-06 House Journal
Full Journal pdf2002-05-06 House Journal Page 3375 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday May 6, 2002 One Hundred Thirteenth Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:30 a.m. Roll call showed 37 members present. Representative Kookesh had been previously excused from a call of the House today. Representatives Kott and Moses were absent and their presence was noted later. The invocation was offered and a song was performed by Dave Stancliff, vocalist. Representative Green moved and asked unanimous consent that the invocation and song be spread on the journal. There being no objection, it was so ordered. As we bow our heads, Lord, we give thanks to our Creator for our blessings as Americans, for our families, loved ones, friends and neighbors across this great nation. Lord, let us remember those who have lost loved ones on September 11 and in the days since. Let us remember, beyond our comfortable everyday freedoms, there is someone's daughter or son--a soldier, whose life is on the line. We ask Thy blessings to be with them and their families as we give thanks for their sacrifice and courage. As they protect us, may we honor them. Lord, let us resolve that those departed Americans not be victims of terror, but an inspiration for even greater love. Not the reason to hate, but the reason we shall overcome hate. Not a fall into fear, but a rising up to a greater courage. 2002-05-06 House Journal Page 3376 As we close, let us in song reach out to those who have lost loved ones with healing in our hearts and our voices. Lord, let them know we share in their sorrow and will not forget. Let them know we will rise up and be a better nation as we honor their loved ones. Let us comfort them as we remind ourselves this life is but a short passage, that in God's great circle, love and life are without end. We're thankful to have Representative Ogan here today. We pray these things and sing this song in the spirit of Jesus. Amen. We Shall Rise by David R. Stancliff Here we are, left behind, when our loved ones had to go. Here we are, left to fill lonely spaces here below. But we shall rise, we shall rise, past mighty towers tall. We shall rise, we shall rise, we shall rise up from the fall. Along our streets, we miss their daily smiles. Along our streets, we'll be lifted from our trials, Along our streets, with our memories great and small, We will rise up from the fall. We shall rise, rise up from the fall. We shall rise, on the wings they've given us all. We shall rise, over every hateful wall. We shall rise up from the fall. With their lives, we'll be taken to new heights. With their lives, we'll turn darkness into light, With their lives, they have touched us one and all, And we shall rise up from the fall. We shall rise, rise up from the fall. We shall rise, on the wings they've given us all. We shall rise, over every hateful wall. We shall rise up from the fall. 2002-05-06 House Journal Page 3377 They'll all be waiting just up around the bend. They'll all be waiting, the circle never ends. They'll all be waiting, and when we hear them call, We will rise up from the fall. We shall rise, rise up from the fall. We shall rise, on the wings they've given us all. We shall rise, over every hateful wall. We shall rise, we shall rise, we shall rise. The Pledge of Allegiance was led by Representative Masek. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 110th, 111th, and 112th legislative days be approved as certified by the Assistant Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 242 The following letter, dated May 3, 2002, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 17, of the Alaska Constitution, I am allowing the following bill passed by the second session of the Twenty-second Alaska State Legislature to become law without my signature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 242 am H "An Act relating to concealed handgun permittees." Chapter No. 17, SLA 2002 [Effective Date: August 1, 2002] 2002-05-06 House Journal Page 3378 I have allowed this bill to become law without my signature because while it does little to benefit Alaskans, its impact is minimal. Some concerns regarding this bill were raised during the legislative process by state agencies and the Alaska Peace Officers Association. However, the case made on behalf of Alaska's concealed handgun permit holders by Lt. Governor Fran Ulmer and Democratic legislators Harry Crawford, Eric Croft, John Davies, Gretchen Guess, and Joe Hayes persuaded me otherwise. Generally, Alaska's current concealed handgun permit law has worked well. Further revisions to it, such as these, may have little or no practical effect. For these reasons, I have decided to let this bill become law without my signature. Sincerely, /s/ Tony Knowles Governor" **The presence of Representative Moses was noted. HCR 19 A message dated May 3, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 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. Legislative Resolve No. 54 2002-05-06 House Journal Page 3379 HCR 26 A message dated May 3, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA) Supporting increased use of the house arrest program/electronic monitoring with sobriety monitoring as a means of preventing crime and reducing the high costs of imprisonment in Alaska. Legislative Resolve No. 55 SCR 21 A message dated May 3, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE CONCURRENT RESOLUTION NO. 21(HES) Supporting the development of adequate in-state treatment capacity for severely disturbed children. Legislative Resolve No. 51 SCR 28 A message dated May 3, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 28(FIN) Establishing the Joint Legislative Salmon Industry Task Force. Legislative Resolve No. 53 SCR 31 A message dated May 3, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 2002-05-06 House Journal Page 3380 SENATE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 297, regarding aggravating factors at sentencing. Legislative Resolve No. 56 SJR 31 A message dated May 3, 2002, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 31(STA) Urging the United States Congress to permit the use of tax exempt bonds to fund loans for veterans who served after 1976. Legislative Resolve No. 52 **The presence of Representative Kott was noted. SB 176 A message dated May 3, 2002, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 176(RLS) "An Act 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 making exemptions that relate to the federal Petroleum Marketing Practices Act, situations regulated by the Alaska Gasoline Products Leasing Act, distributorship agreements relating to motor vehicles required to be registered under AS 28.10, activities and agreements by persons licensed under AS 04, contracts between persons licensed under AS 04 and out-of-state persons in the alcoholic beverage industry, distributorship agreements involving cigarettes, food, drink, or components of food or drink, manufacturers with 50 or 2002-05-06 House Journal Page 3381 fewer employees, suppliers, manufacturers, importers, and wholesalers of alcoholic beverages." Chapter No. 15, SLA 2002 Effective Date: August 1, 2002 SB 244 A message dated May 3, 2002, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 244(RLS) "An Act extending the termination date of the Board of Examiners in Optometry; and relating to optometrists." Chapter No. 16, SLA 2002 Effective Date: August 1, 2002 SB 328 A message dated May 3, 2002, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 328 "An Act requiring that a nonresident big game hunter be accompanied by a big game guide who is providing big game hunting services to the nonresident under a contract with the nonresident or who is employed by a big game guide who has a contract to provide big game hunting services to the nonresident." Chapter No. 14, SLA 2002 Effective Date: August 1, 2002 MESSAGES FROM THE SENATE SB 274 A message dated May 3, 2002, was read stating the Senate has concurred in the House amendment to CSSB 274(L&C), thus adopting: 2002-05-06 House Journal Page 3382 HOUSE CS FOR CS FOR SENATE BILL NO. 274(L&C) "An Act relating to issuance of a locum tenens permit for a physician or osteopath; and providing for an effective date." SB 337 A message dated May 3, 2002, was read stating the Senate has concurred in the House amendment to SB 337, thus adopting: HOUSE CS FOR SENATE BILL NO. 337(CRA) "An Act relating to eligibility for an exemption from municipal property taxes for certain seniors and disabled veterans." SB 11 A message dated May 3, 2002, was read stating the President has appointed the following members to a Conference Committee: Senator Therriault, Chair Senator Wilken Senator Olson to meet with the like committee from the House to consider: 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 CS FOR SENATE BILL NO. 11(FIN) "An Act relating to required school attendance; and providing for an effective date." The House members of the Conference Committee are Representatives Stevens, Coghill, and Kapsner (page 3342). 2002-05-06 House Journal Page 3383 A message dated May 3, 2002, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 181 CS FOR SENATE BILL NO. 181(FIN) am by the Senate Finance Committee, entitled: "An Act relating to and increasing the interest rate on that portion of a loan for a single-family house or owner-occupied duplex that exceeds $200,000 where the loan is for a house or duplex in a small community with a population of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 1,600 or less that is connected by road or rail to Anchorage or Fairbanks for purposes of the small community housing program of the Alaska Housing Finance Corporation; relating to loans for teacher housing in which each unit that is not vacant is occupied by at least one individual who is employed as a certificated teacher in a public elementary or secondary school in a small community with a population of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 1,600 or less that is connected by road or rail to Anchorage or Fairbanks, and increasing the interest rate on the loans if this occupancy requirement is not complied with; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. SB 326 CS FOR SENATE BILL NO. 326(FIN) by the Senate Finance Committee, entitled: "An Act relating to evaluating state assumption of the wastewater discharge program under the federal Clean Water Act; and providing for an effective date." was read the first time and referred to the Finance Committee. 2002-05-06 House Journal Page 3384 REPORTS OF STANDING COMMITTEES The Resources Committee has reviewed the qualifications of: Bruce Baker Board of Game and recommends the following: Confirm (3): Stevens, Kerttula, Scalzi No recommendation (5): Green, McGuire, Fate, Kapsner, Masek George Matz Board of Game and recommends the following: Confirm (6): Stevens, Green, McGuire, Kerttula, Masek, Scalzi No recommendation (2): Fate, Kapsner Dana Pruhs Board of Game and recommends the following: Confirm (8): Stevens, Green, McGuire, Fate, Kapsner, Kerttula, Masek, Scalzi Caleb Pungowiyi Board of Game and recommends the following: Confirm (6): Stevens, Green, Fate, Kapsner, Kerttula, Scalzi No recommendation (2): McGuire, Masek 2002-05-06 House Journal Page 3385 Michelle Sparck Board of Game and recommends the following: Confirm (6): Stevens, McGuire, Fate, Kapsner, Kerttula, Scalzi No recommendation (2): Green, Masek The reports were signed by Representatives Masek and Scalzi, Co- chairs. The Labor & Commerce Committee has reviewed the qualifications of: Ellen L. Ganley Alcoholic Beverage Control Board and recommends the following: Confirm (5): Halcro, Crawford, Meyer, Hayes, Murkowski No recommendation (1): Rokeberg Marjorie J. Kaiser Steven R. Tarola Sandra R. Wilson Alaska State Board of Public Accountancy Linda Cyra-Korsgaard Donald J. Iverson Scott McLane Patricia Peirsol State Board of Registration for Architects, Engineers, and Land Surveyors William (Randy) R. Graf Board of Barbers and Hairdressers 2002-05-06 House Journal Page 3386 Dr. Gregory M. Culbert Dr. Carol J. Davis Dr. R. Clark Davis Board of Chiropractic Examiners Dr. Robert J. Allen Dr. William L. Gerace Dr. Rebecca Neslund Board of Dental Examiners David Matthews, Jr. James Rothmeyer Cindy Tidd Board of Dispensing Opticians Roberta Demoski Aaron T. Isaacs David D. Rasley Raymond P. Smith Alaska Labor Relations Agency Jack G. Poulson Board of Marine Pilots Larry Holman Bill Platte Board of Marital and Family Therapy Dr. Allan G. Schlicht Thomas H. Wilson State Medical Board Martha J. Falkar Linden Board of Certified Direct-Entry Midwives Barbara Berner Dr. Nancy L. Sanders Board of Nursing Dr. Erik D. Christianson Board of Examiners in Optometry 2002-05-06 House Journal Page 3387 Gerry Knasiak Laura Lee Nelson Margaret Soden Board of Pharmacy Sundi M. Hondl Laura McDonough Linda Newman Dr. George D. Rhyneer State Physical Therapy and Occupational Therapy Board Janet McGillivary Dr. Allan A. Morotti Board of Professional Counselors Dr. Carey S. Edney Board of Psychologist and Psychological Associate Examiners Judy Kemplen Stephen F. Turner Board of Certified Real Estate Appraisers Lowell (Tom) T. Freeman Jeannie Johnson Susan Rainey Real Estate Commission Will Abbott Regulatory Commission of Alaska (RCA) Lorraine M. Jaeger-Kirsch Denny Patella Sammye Pokryfki Board of Social Work Examiners Dorothy Bradshaw John Giuchici Stephen T. Hagedorn James (Jay) N. Rhodes Philip E. Ulmer Alaska Workers' Compensation Board 2002-05-06 House Journal Page 3388 and recommends the following: Confirm (6): Halcro, Crawford, Meyer, Hayes, Rokeberg, Murkowski The reports were signed by Representative Murkowski, Chair. HB 519 The Rules Committee has considered: HOUSE BILL NO. 519 "An Act authorizing priority treatment under the Right-of-Way Leasing Act for an Alaska North Slope natural gas project; expanding the scope for the kinds of gas development projects that may become qualified projects under the Alaska Stranded Gas Development Act; extending the deadline for submitting applications under the Alaska Stranded Gas Development Act; exempting an Alaska North Slope natural gas project from state property tax and all municipal taxes during construction; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 519(RLS) "An Act authorizing priority treatment under the Right-of-Way Leasing Act for an Alaska North Slope natural gas project and limiting judicial review of action under that Act relating to that project; authorizing the Alaska Railroad Corporation to provide financing for the acquisition, construction, improvement, maintenance, equipping, or operation of facilities for the transportation by others of natural gas resources within and outside the state and to issue its bonds to finance those facilities; exempting an Alaska North Slope natural gas project from state and municipal property taxes during construction and initial operation, eliminating the authority of a municipality to levy a sales or use tax on property or services used or to be used on the project, and defining the scope of that project; providing, through the Department of Community and Economic Development, emergency financial assistance for municipalities affected by 2002-05-06 House Journal Page 3389 natural gas development; expanding the scope for the kinds of gas development projects that may become qualified projects under the Alaska Stranded Gas Development Act, amending the definitions of 'qualified sponsor' and 'qualified sponsor group' under that Act, extending the deadline for submitting applications under that Act, and modifying the conditions under which an application made under that Act may be considered; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Kohring, Porter, Kott No recommendation (1): McGuire The following fiscal note(s) apply to CSHB 519(RLS): 3. Fiscal, Dept. of Revenue 4. Fiscal, Dept. of Community & Economic Development 5. Fiscal, Dept. of Natural Resources 6. Fiscal, Dept. of Labor & Workforce Development HB 519 is on today's calendar. HB 527 The Resources Committee 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 Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (4): Green, Fate, Masek, Scalzi Do not pass (2): Kerttula, Kapsner 2002-05-06 House Journal Page 3390 No recommendation (2): Stevens, McGuire The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources HB 527 was referred to the Rules Committee for placement on the calendar. HB 529 The Resources Committee has considered: HOUSE BILL NO. 529 "An Act exempting the use of munitions in certain areas from a waste disposal permit requirement of the Department of Environmental Conservation." and recommends it be replaced with: CS FOR HOUSE BILL NO. 529(RES) (same title) The report was signed by Representatives Masek and Scalzi, Co- chairs, with the following individual recommendations: Do pass (5): Stevens, McGuire, Fate, Masek, Scalzi Do not pass (2): Kerttula, Kapsner The following fiscal note(s) apply to CSHB 529(RES): 1. Zero, Dept. of Environmental Conservation HB 529 was referred to the Rules Committee for placement on the calendar. SJR 37 The Judiciary Committee has considered: 2002-05-06 House Journal Page 3391 SENATE JOINT RESOLUTION NO. 37 Proposing an amendment to the Constitution of the State of Alaska relating to officers and employees of the executive branch. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (3): Meyer, Coghill, James The following fiscal note(s) apply: 1. Fiscal, Office of the Governor SJR 37 was referred to the Finance Committee. SJR 38 The Judiciary Committee has considered: SENATE JOINT RESOLUTION NO. 38 Proposing amendments to the Constitution of the State of Alaska relating to information regarding proposed expenditures. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (3): Meyer, Coghill, James The following fiscal note(s) apply: 1. Fiscal, Office of the Governor SJR 38 was referred to the Finance Committee. SJR 44 The Labor & Commerce Committee has considered: 2002-05-06 House Journal Page 3392 CS FOR SENATE JOINT RESOLUTION NO. 44(L&C) Relating to preparation of a joint state-federal research and development plan. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 44(L&C) (same title) The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (2): Kott, Murkowski No recommendation (3): Rokeberg, Hayes, Crawford The following fiscal note(s) apply to HCS CSSJR 44(L&C): 1. Zero, Senate Labor & Commerce Committee CSSJR 44(L&C) was referred to the Rules Committee for placement on the calendar. SB 6 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 6(FIN) "An Act relating to required notice of eviction to mobile home park dwellers and tenants before redevelopment of the park." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 6(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg 2002-05-06 House Journal Page 3393 No recommendation (3): Meyer, Coghill, Kookesh Amend (1): Berkowitz The following fiscal note(s) apply to HCS CSSB 6(JUD): 2. Zero, Dept. of Law CSSB 6(FIN) was referred to the Rules Committee for placement on the calendar. SB 100 The Judiciary Committee has considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100(RLS)(title am) "An Act relating to regulation and operation of personal motor vehicles." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Meyer, Coghill, Rokeberg No recommendation (2): Berkowitz, Kookesh The following fiscal note(s) apply: 1. Zero, Senate Transportation Committee CSSSSB 100(RLS)(title am) was referred to the Rules Committee for placement on the calendar. SB 238 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 238(RLS) "An Act exempting from the category of public records certain 2002-05-06 House Journal Page 3394 records and information relating to state safety plans, programs, and procedures, and to systems, facilities, and infrastructure in the state; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Meyer, Coghill, Rokeberg No recommendation (1): Berkowitz The following fiscal note(s) apply: 1. Zero, Dept. of Transportation & Public Facilities CSSB 238(RLS) was referred to the Rules Committee for placement on the calendar. SB 278 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 278(FIN) "An Act requiring a good faith effort to purchase property before that property is taken through eminent domain; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 278(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Kookesh, Coghill, Rokeberg No recommendation (2): Berkowitz, Meyer The following fiscal note(s) apply to HCS CSSB 278(JUD): 2002-05-06 House Journal Page 3395 1. Zero, Alaska Court System 4. Fiscal, Dept. of Transportation & Public Facilities CSSB 278(FIN) was referred to the Finance Committee. SB 295 The Judiciary Committee has considered: SENATE BILL NO. 295 "An Act relating to the disclosure of information regarding delinquent minors to certain licensing agencies; 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 (4): Berkowitz, Coghill, Kookesh, Rokeberg The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services SB 295 was referred to the Rules Committee for placement on the calendar. SB 339 The Judiciary Committee has considered: SENATE BILL NO. 339 "An Act increasing fines for certain criminal offenses." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Meyer, Rokeberg No recommendation (3): Berkowitz, Coghill, Kookesh 2002-05-06 House Journal Page 3396 The following fiscal note(s) apply: 1. Indeterminate, Dept. of Law 2. Indeterminate, Dept. of Administration SB 339 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Koahnic Broadcast Corporation By Representative Morgan Honoring - Sheila Gaddis By Representative Cissna; Senator Davis Honoring - Alaska Resources Library & Information Services (ARLIS) By Representatives Kerttula, Porter, Hudson; Senator Elton Honoring - Glenn and Florence Sachs, 60th Wedding Anniversary By Senator Elton; Representatives Kerttula, Hudson Honoring - Holy Cross Elementary School, Best School Participation, September Campbell, Morgan Turner, Peter Demientieff, Best Alternative to Drinking Posters By Senator Lincoln Honoring - Ann M. Tremarello By Senator Wilken; Representative Hayes In Memoriam - Terry Pegues By Representatives Kerttula, Hudson; Senator Elton In Memoriam - Professor David M. Hopkins, Ph.D. By Representatives Kerttula, Davies, Hudson; Senator Elton 2002-05-06 House Journal Page 3397 In Memoriam - Ms. Lenora Weaver By Representative Croft; Senator Ellis In Memoriam - Marsha Marie Melton By Representatives Ogan, Kerttula; Senator Green In Memoriam - Esther Pinon By Representative Croft; Senator Ellis In Memoriam - Eleanor June Smith By Representative Chenault In Memoriam - Herman T. Jackson By Senator Lincoln In Memoriam - Doris B. Charles By Senator Lincoln In Memoriam - Robert "Bob" Resoff By Senator Leman In Memoriam - Ferdinand "Fred" Chiei, Jr. By Senator Leman In Memoriam - Teddy Walter Northway By Senator Lincoln CONCUR IN SENATE AMENDMENTS HB 439 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3340) on the following at this time: 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 2002-05-06 House Journal Page 3398 resource district or a state agency to take action with respect to a proposed or final consistency determination." and 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 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) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 439(RES)(title am), thus adopting SCS CSHB 439(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 439(RES)(title am)?" The roll was taken with the following result: SCS CSHB 439(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, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 439(FIN). 2002-05-06 House Journal Page 3399 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 439(FIN) was referred to the Chief Clerk for enrollment. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 530 HOUSE BILL NO. 530 by the House Rules Committee, entitled: "An Act levying and collecting a tax on certain North Slope natural gas in place if certain requirements relating to its sale and delivery are not met, and imposing a limit on the Department of Natural Resources that relates to the issuance or extension of oil and gas leases containing natural gas that is capable of production in paying quantities; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 519 The Speaker stated that, without objection, the following bill would be returned to the Rules Committee: HOUSE BILL NO. 519 "An Act authorizing priority treatment under the Right-of-Way Leasing Act for an Alaska North Slope natural gas project; expanding the scope for the kinds of gas development projects that may become qualified projects under the Alaska Stranded Gas Development Act; extending the deadline for submitting applications under the Alaska Stranded Gas Development Act; exempting an Alaska North Slope natural gas project from state 2002-05-06 House Journal Page 3400 property tax and all municipal taxes during construction; and providing for an effective date." SECOND READING OF SENATE BILLS SB 153 The following was read the second time: CS FOR SENATE BILL NO. 153(FIN) "An Act replacing the storage tank assistance fund with the underground storage tank revolving loan fund and relating to that revolving loan fund; repealing the tank cleanup program and the tank upgrading and closure program; and providing for an effective date." with the: Journal Page RES RPT 5DP 3NR 2580 FN2: ZERO(DEC) 2580 FIN RPT 10DP 3279 FN2: ZERO(DEC) 3280 Representative James moved and asked unanimous consent that CSSB 153(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 153(FIN) will be in third reading on tomorrow's calendar. SB 243 The following was read the second time: CS FOR SENATE BILL NO. 243(FIN) "An Act extending the termination date of the Board of Chiropractic Examiners; and relating to chiropractors." 2002-05-06 House Journal Page 3401 with the: Journal Page L&C RPT 6DP 2832 FN1: (CED) 2832 FIN RPT 11DP 3281 FN1: (CED) 3281 Representative James moved and asked unanimous consent that CSSB 243(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 243(FIN) will be in third reading on tomorrow's calendar. SECOND READING OF SENATE RESOLUTIONS SCR 30 The following was read the second time: CS FOR SENATE CONCURRENT RESOLUTION NO. 30(RES) Relating to Alaska Salmon Day. with the: Journal Page RES RPT 8DP 3278 FN1: ZERO(S.STA) 3279 The question being: "Shall CSSCR 30(RES) pass the House?" The roll was taken with the following result: CSSCR 30(RES) Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 2002-05-06 House Journal Page 3402 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, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: McGuire And so, CSSCR 30(RES) passed the House. Representative McGuire later gave notice of reconsideration of the vote on CSSCR 30(RES), and the reconsideration was taken up then. 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 - Dan Eide, Valdez High School Varsity Basketball Coach 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, Whitaker, Williams, Wilson Honoring - Kaitlin Vadla By Senator Ward; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2002-05-06 House Journal Page 3403 Honoring - William A. Oefelein, Alaska's First Astronaut By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson Honoring - National Correctional Officers' Week, May 5 - 11, 2002 By Senator Torgerson; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson Honoring - Ninilchik Wolverines Girls Basketball Team, 2001 - 02 Class 2A - 3Peat State Champions and Ninilchik Wolverines Boys Basketball Team By Senators Torgerson, Leman; 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, Scalzi, Stevens, Williams, Honoring - University of Alaska Anchorage Speech and Debate Team, 2002 Parliamentary Debate National Champions By Senators Leman, Ellis; Representatives Crawford, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Honoring - Don and Jan Stump By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, 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 2002-05-06 House Journal Page 3404 In Memoriam - Robert Simon By Representatives Kerttula, Hudson, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Elton RECONSIDERATION SCR 30 Representative McGuire gave notice of reconsideration of the vote on CSSCR 30(RES) (page 3401). Representative McGuire moved and asked unanimous consent that the reconsideration of CSSCR 30(RES) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in second reading: CS FOR SENATE CONCURRENT RESOLUTION NO. 30(RES) Relating to Alaska Salmon Day. The question to be reconsidered: "Shall CSSCR 30(RES) pass the House?" The roll was taken with the following result: CSSCR 30(RES)--RECONSIDERATION Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh 2002-05-06 House Journal Page 3405 Absent: Croft, Kott, Ogan And so, CSSCR 30(RES) passed the House on reconsideration, was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 157 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 BILL NO. 157(JUD) am "An Act relating to trust companies and providers of fiduciary services; amending Rules 6 and 12, Alaska Rules of Civil Procedure, Rule 40, Alaska Rules of Criminal Procedure, Rules 204, 403, 502, 602, and 611, Alaska Rules of Appellate Procedure, and Rules 7.2 and 7.3, Alaska Rules of Professional Conduct; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 157(JUD) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 157(JUD) am, thus adopting SCS CSHB 157(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 157(JUD) am?" The roll was taken with the following result: SCS CSHB 157(JUD) Concur YEAS: 35 NAYS: 1 EXCUSED: 1 ABSENT: 3 2002-05-06 House Journal Page 3406 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz Excused: Kookesh Absent: Croft, Kott, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 157(JUD). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rules change(s). There being no objection, it was so ordered Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 157(JUD) was referred to the Chief Clerk for enrollment. HB 106 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 BILL NO. 106(L&C) am "An Act relating to the authorizations for certain state financial institutions of certain powers and limitations; relating to confidential records of depositors and customers of certain financial institutions; relating to the examination of certain institutions subject to AS 06; relating to the Alaska Banking Code, Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska 2002-05-06 House Journal Page 3407 Credit Union Act; amending Rule 45, Alaska Rules of Civil Procedure, Rules 17 and 37, Alaska Rules of Criminal Procedure, and Rule 24, Alaska Bar Rules; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN) (same title) Representative James moved that the House concur in the Senate amendment to CSHB 106(L&C) am, thus adopting SCS CSHB 106(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 106(L&C) am?" The roll was taken with the following result: SCS CSHB 106(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, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 106(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. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rules change(s). There being no objection, it was so ordered 2002-05-06 House Journal Page 3408 The Chief Clerk was instructed to so notify the Senate. SCS CSHB 106(FIN) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS SCR 34 The following, which passed the House on May 3, 2002 (page 3361), was signed by the Speaker and Acting Chief Clerk and returned to the Senate: 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. SB 308 The following, which passed the House on April 29, 2002 (page 3221), was signed by the Speaker and Acting Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 308(FIN) "An Act relating to the Alaska coastal management program and the responsibilities of the Alaska Coastal Policy Council; and providing for an effective date." HB 248 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 248 "An Act relating to retirement contributions and benefits under the public employees' retirement system of certain juvenile detention employees and juvenile correctional institution employees." 2002-05-06 House Journal Page 3409 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Resources Committee CANCELED: 1:00 p.m., 5/6 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 7, 2002. There being no objection, the House adjourned at 12:20 p.m. Suzi Lowell Chief Clerk 2002-05-06 House Journal Page 3410 HOUSE JOURNAL INDEX HB 106 3406-3408 HB 157 3405-3406 HB 248 3408-3409 HB 439 3397-3399 HB 519 3388-3389, 3399-3400 HB 527 3389-3390 HB 529 3390 HB 530 3399 HCR 19 3378 HCR 26 3379 SB 6 3392-3393 SB 11 3382 SB 100 3393 SB 153 3400 SB 176 3380-3381 SB 181 3383 SB 238 3393-3394 SB 242 3377-3378 SB 243 3400-3401 SB 244 3381 SB 274 3381-3382 SB 278 3394-3395 SB 295 3395 SB 308 3408 SB 326 3383 SB 328 3381 SB 337 3382 SB 339 3395-3396 SCR 21 3379 SCR 28 3379 SCR 30 3401-3402, 3404-3405 SCR 31 3379-3380 SCR 34 3408 2002-05-06 House Journal Page 3411 SJR 31 3380 SJR 37 3390-3391 SJR 38 3391 SJR 44 3391-3392